What to Bring to an IP Mediation

Preparation for an IP mediation should be practical. Bring the documents and people needed to evaluate risk, authority, and workable business options—not every document in the file.

At minimum, organize the operative agreements, relevant patent or trademark records, the pleadings or claim summary, key correspondence, damages or royalty information, technical materials that can be explained without unnecessary disclosure, and any court order or protective order governing the exchange.

Prepare a short chronology and an issue list. Identify what is agreed, what is disputed, and what the parties need to decide that day. If the dispute involves a license, include the commercial facts that affect value: territory, field of use, product status, sales, milestones, sublicenses, support, and termination rights.

Confirm who has settlement authority and who must be consulted before a term can be accepted. Decide in advance how confidential information will be shared, whether demonstrations are needed, and whether recording, transcription, or AI note-taking is prohibited.

Finally, bring options. A mediation is more productive when the parties can evaluate more than one path: payment, license modification, transition, covenant, standstill, coexistence, technical separation, or another business solution.

General information only; not legal advice. The appropriate materials depend on the dispute and governing process.

Sources: WIPO Mediation guide (https://www.wipo.int/amc/en/mediation/guide/); WIPO Mediation Rules (https://www.wipo.int/amc/en/mediation/rules/); applicable court orders and protective orders.