Merits of Mediation: Leading Mediator Offers to Resolve Indian IP Dispute for Free

A friend of mine informs me that a leading international mediator (one of the top 5 in the world) is willing to mediate a high stakes IP dispute for free. Any takers? Please let me know soon. He will be in Bangalore soon and can do this between August 23rd and  25th. If interested, please email me at <[email protected]>

We’ve reflected on the merits of mediation in previous posts here and here. I’m given to understand that this creative win-win approach is being deployed in a number of IP disputes these days. And would be grateful for more leads on such cases from our readers in the know.

For those interested, we’ve included a significant component of mediation (and other ADR) in our quest to convert underprivileged IDIA scholars into CHAMPS (lawyers who are Creative, Holistic, Altruistic, Mavericks and Problem Solvers).

Interestingly, I had an exchange with a leading IP persona on mediation vs the harsh adversarial process. And extract my email response as below:

“But honestly, I’m finding (more often than not), that my legal training enables me to win an argument easily….only to find later that what the other person argued (and lost) was much closer to the truth! Its a bit unnerving, but I guess we’ve become addicted to the process. Truth be damned! As an IDIA trainee to whom I was pontificating on the power of the law once remarked: “The law is so strange…. whoever tells the better story wins! Even if their story is not true!” After more than 20 years of studying and practising the law, I couldn’t have put it better!  Indeed, the adversarial process has damaged us deeply. They say that even in wedding cards, a lawyer sees the “weds” as “versus”! Wish I’d paid more attention to my classes on ADR (alternative dispute resolution), including mediation and other less aggressive (and adversarial) ways of dispute resolution. Ones that paved the way for more creative solutions and left both parties better off.”

ps: Image from here

Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.

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