Alternative Legal Methods
It is a set of methods used to resolve disputes between individuals, establishments, or legal entities, and is concerned with issues related to intellectual property rights, whether for literary works, trade names, industrial materials, or production, and these legal methods help to reach to solutions between the parties to the conflict in the least possible time, effort, and cost; Because the normal legal methods need a long time and high cost in order to agree on a legal settlement between the parties to the disputes.
Mediation is known in the English language as (Mediation), which is one of the alternative legal means, which is used to resolve intellectual property disputes, and is resorted to after the conflict members agree to use it to reach the implementation of an appropriate solution to the conflict, and it is also known as an alternative legal means used in Treating a dispute, whether by adopting it as a means to resolve all causes of conflict, or for one of them, and does not obligate one or both parties to abide by the results associated with it, but it is possible to replace them with other results and determine their approval, or rejection, after proposing them to the parties to the conflict.
Legal mediation seeks to implement many functions within the legal jurisdiction that it seeks to apply, and the lawyer or lawyer who implements mediation is called mediator, and his work is limited to the application of the following matters:
- Facilitating the means and methods of discussion between the parties to the conflict, by bringing points of view and opinions between them.
- Enhancing the parties to the conflict’s sense of legal responsibility towards the case.
- Supporting the importance of resolving the disputed issue by placing the mediator on a set of legal and appropriate alternatives to resolve the dispute.
- Contribute to maintaining the independence of each party to the conflict.
Legal mediation is applied in resolving disputes based on the following stages:
- Contracting: It is about defining the method and method of applying mediation between the parties to the conflict, and knowing its suitability with its nature in order to reach solutions to it.
- Addressing the subject of the conflict: It is the method by which information related to the conflict is collected, and the aspects of the agreement and the differences between its parties are identified.
- Dealing with the conflict: It is the method used by mediation in dealing with the existing conflict, which contributes to knowing the parties’ views, and linking them with the legal texts in order to determine the priorities for resolving the conflict.
- Evaluation of the proposed solutions: is to put forward all the appropriate solutions to reach a final solution to the conflict, then evaluate them, and choose the appropriate solution from them.
- Reaching an agreement: It is the last stage of the mediation stages, which is related to resolving the conflict between the parties by reaching a final agreement that contributes to its settlement.
- Contribute to enhancing the importance of the case in the judicial authorities.
- It helps to restore the activation of the work between the parties to the conflict, until all the legal causes linking the parties to the conflict are over.
- Mediation is generally less expensive than other legal media.
Mediation in resolving disputes