IP Services

Intellectual Property Mediation Group (IPMG) is an IP firm comprised of IP subject matter experts, IP financial analysts, mediators and legal professionals. Our professional services consist of the following:

  • IP Valuation
  • IP Mediation (see our process below)
  • IP Consulting

 

8 Steps IP Mediation Process

Step 1: Initial Individual Meeting with Each Party

  • Explain importance of confidentiality for all involved in the process
  • Provide signed IPMG Non-Disclosure Agreement (NDA) and introductory IPMG service information package
  • Opportunity for each party to find out more about IPMG backgrounds, services, and process
  • Provide information regarding range-of-fee structure

Step 2: Follow-up Individual Meeting with Each Party

  • IPMG to confirm receipt of NDA signed by all parties and IPMG
  • Answer questions from parties regarding process and/or concerns
  • Mediation team selected
  • Individual Meeting Information will not be shared with the other party without prior consent

Step 3: Mediator and/or Industry Expert Meet with Parties

  • Analysis of each party’s Individual Meeting Information by mediation team
  • Determine if financial analysis is required
  • Presentation of preliminary assessment to all parties
  • Present fee structure
  • Presentation of Mediation Service Agreement to both parties
  • Mediation Service Agreement signed by both parties and IPMG
  • Discuss next steps

Step 4: Conduct IP Conflict Assessment with Each Party

  • Conduct Pre-mediation Interviews
    • Identify key stakeholders for each party
    • Interviews with core players o How is the conflict manifested?
    • Who are disputants in the conflict?
    • Who is impacted by the conflict?
    • In what ways are the disputants interdependent?
    • In what ways does the conflict impact the organization?
    • What are each of the disputants seeking?
    • What are the areas of synergy that exist between the parties?
  • Assess party’s readiness to engage in the process

Step 5: Finalize Mediation Process Design

  • Identify relevant documents
  • Agree on documents to be sent to IPMG
  • Design the Process
    • Agree on ground rules
    • Agree on information and identify issues
  • Design Financial Analysis, where applicable
  • Mediation Logistics
    • Identify participants
    • Estimate mediation timeframe
  • Schedule meeting times and locations

Step 6: Facilitate Mediation Process

  • Getting Started
  • Introductions
  • Clarification of Roles
  • Process Overview
  • Reiterate Confidentiality Obligations under NDA
  • Ground Rules Established
  • Final Questions
  • Make Opening Statements / Sharing of Perspectives
  • Identify Issues
    • Explore Participant Perspectives
    • Ask Clarifying Questions
  • Determine if further financial analysis and guidance is required
  • Explore interests of the parties
    • Develop agenda for consideration
    • Generate options for resolution
  • Evaluate options
  • Joint Problem Solving
  • Parties to agree upon major settlement terms

Step 7: Draft, Finalize and Sign Term Sheet for Implementation of Settlement Agreement

  • IPMG to draft Term Sheet
  • Provide Term Sheet to each party or its counsel
  • Term Sheet returned by party for final draft
  • Determine logistics for obtaining signatures on the final Term Sheet if signatures desired by a party
  • Final Term Sheet provided to each party
  • Parties to prepare definitive Settlement Agreement from the Term Sheet with assistance by IPMG upon request

Step 8: Post Mediation Support Services

  • Identify need for post-mediation support
  • Set date for initial post-mediation support session
  • Preparation for support session
  • Completion of support session
  • If applicable, schedule plan for future support

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