June 2007
Geneva, Switzerland
Workshop for Mediators in Intellectual Property Disputes
June 11 and 12, 2007
Advanced Workshop for Mediators in Intellectual Property Disputes
June 14 and 15, 2007 organized by the
WIPO ARBITRATION
AND MEDIATION CENTER
World Intellectual Property Organization (WIPO) Arbitration and Mediation Center – Geneva
http://www.wipo.int/amc/
In addition to its administration of a growing mediation caseload, the WIPO Arbitration and Mediation Center organizes specialized training programs focused on mediation. Mediation Mediation is an extension of direct negotiations between the parties to a dispute, conducted with the aid of a neutral intermediary, the mediator. It is the preferred mode of dispute resolution in many of the most important markets of Asia, as well as an increasingly popular method of dispute settlement in the United States of America and in Europe. Many, although not all, intellectual property disputes have characteristics that favor the use of mediation. Where such disputes arise in the context of an existing business relationship, such as that created by a license, franchise, distributorship, research and development contract, manufacturing arrangement, or publishing, sound recording or film production contract, mediation offers a non-confrontational procedure for dispute resolution, which can be conducive to the maintenance or further development of the business relationship. Realizing that mediation is low-risk and cost-effective, parties are increasingly agreeing to make referral to arbitration or court litigation conditional on having previously attempted to resolve their dispute by means of mediation. In a parallel development, many states require that disputes be submitted to mediation before access to courts is granted. The Workshops Professionals from many different jurisdictions have already participated in the Workshops for Mediators in Intellectual Property Disputes organized by the WIPO Arbitration and Mediation Center. These Workshops are designed for lawyers, business executives, patent and trademark attorneys and others wishing to familiarize themselves with the mediation process and to receive training as mediators. In 2007, the Center will offer a WIPO Workshop for Mediators in Intellectual Property Disputes and an Advanced WIPO Workshop for Mediators in Intellectual Property Disputes. WIPO Workshop for Mediators in Intellectual Property Disputes – Monday and Tuesday, June 11 and 12, 2007 This Workshop will consist of an intensive two-day training course in the techniques of mediation. The Workshop will be based on simulated mediation exercises in the intellectual property field. Participants will be expected to take active part in the exercises, which will be carried out in small groups. WIPO Advanced Workshop for Mediators in Intellectual Property Disputes – Thursday and Friday, June 14 and 15, 2007 This Workshop will focus on helping participants further develop two central skills that apply throughout the mediation process: (1) “looping” or active listening skills; and (2) probing for, and appropriately framing, the underlying interests of the parties that provide the foundation for solutions. These skills, applicable to a broad range of settings, are particularly relevant to working with parties and lawyers together in the same room in mediation and are essential in moving the mediation process forward. Participants will have the opportunity to develop and hone these skills through the use of role play in small groups as well as through demonstrations. Participation in the Advanced Workshop is limited to those who have already completed an introductory program with the instructors, Professors Mnookin and Friedman.
W ORLD I NTELLECTUAL P ROPERTY O RGANIZATION
June 2007
Instructors Professor Robert H. Mnookin, Samuel Williston Professor of Law at Harvard Law School and chair of Harvard’s Program on Negotiation. Professor Mnookin joined the Harvard Law School in 1993 after over twenty years on the Faculties of Stanford Law School and the University of California, Berkeley, Law School, and clerking with Judge Carl McGowan and Justice Harlan. He teaches and writes on the subject of dispute resolution and has, as a neutral, successfully resolved a large number of complex commercial disputes, including some involving issues of intellectual property. Professor Mnookin served in a landmark dispute between IBM and Fujitsu concerning operating systems software. He has written or edited numerous books and articles, including Barriers to the Negotiated Resolution of Conflict, and Beyond Winning: Negotiating to Create Value in Deals and Disputes. Professor Gary J. Friedman is the co-founder and co-director of the Center for Mediation in Law with offices in Mill Valley, California and New York City. Professor Friedman has practiced law since 1970, serving since 1976 primarily as a mediator of commercial and family disputes with Mediation Law Offices in Mill Valley. He has conducted training programs in mediation and mediative approaches for lawyers, judges and psychotherapists throughout the United States of America and other countries. Professor Friedman has taught negotiation and mediation at Stanford Law School and currently teaches at Harvard Law School’s Program on Negotiation. He is the author of numerous publications, including a forthcoming book tentatively entitled Resolving Conflicts Together: the Understanding-based Model of Mediation. Venue, Timetable and Working Language The Workshops will be held at the headquarters of the World Intellectual Property Organization (WIPO), 34, chemin des Colombettes, 1211 Geneva 20, Switzerland. They will run from 9 a.m. to 6 p.m. on the first day, and 9 a.m. to 4 p.m. on the second day. Participants should arrive before 8.30 a.m. on the first day in order to complete their registration. The working language of the Workshops will be English. Proficiency in that language is essential for participation. Participation and Fee To ensure effective supervision and exercises, participation in each Workshop will be strictly limited to 28 persons. The registration fee for one Workshop is 2,200 Swiss francs, which covers participation in the Workshop, training materials, a cocktail reception, lunch, coffee and tea. A reduced combined registration fee of 4,000 Swiss francs applies to those attending the Workshop and the Advanced Workshop. The registration fee of 2,200 Swiss francs or 4,000 Swiss francs is to be settled on return of the registration form. Please note that the registration fee will be refunded only for cancellations received before May 11, 2007. Continuing Legal Education (CLE) If you wish to apply for CLE credit, please indicate so on the registration form. Registration and Further Information Those wishing to register are requested to register either on-line via http://www.wipo.int/amc/en/events/workshops/ 2007/mediation or to return the registration form by fax, mail or e-mail to the following address, from which further information (including, on request, references to past participants) may also be obtained:
WIPO Arbitration and Mediation Center World Intellectual Property Organization (WIPO) 34, chemin des Colombettes, 1211 Geneva 20, Switzerland Tel: (+41-22) 338 7550 – Fax: (+41-22) 338 7190 E-mail: arbiter.meetings@wipo.int http://www.wipo.int/amc/