Alternative Dispute Resolution Committee Update: Roundtable Addresses the Evolution of Intellectual Property Mediation in Israel

The Alternative Dispute Resolution (ADR) Committee held the latest in a series of roundtables promoting and educating practitioners on the development of mediation as a tool for resolving disputes. The event, hosted by the law firm of Meitar Liquornik Geva Leshem Tal, took place in Ramat Gan, Israel on September 24. Moderated by ADR Committee Europe, Middle East and Africa Subcommittee member Anuj Desai (Arnall, Golden, Gregory, LLP, USA), the event drew comparisons among practices in Israel, the United Kingdom, and the United States.

Yoav Oestreicher (Meitar Liquornik Geva Leshem Tal, Israel) explained that in Israel, mediation is still somewhat underdeveloped. Mr. Oestreicher noted that, while there is a mandatory mediation scheme in Israel’s Magistrate Court, this is not a universal practice in the country. One particular challenge is the need for qualified and experienced mediators. He pointed out that this is an opportunity where INTA’s panel of trademark mediators can be of help. In Israel, there is active involvement by judges, with most pushing for cases to be resolved by mediation. But, as Mr. Oestreicher pointed out, not all practitioners are comfortable with the process and more information sessions are needed.

Mr. Desai presented an overview of the mediation process in Israel and provided examples of how mediation had been used successfully in specific intellectual property (IP) cases. He then introduced ADR Committee Europe, Middle East and Africa Subcommittee Chair Felicia Boyd (Barnes & Thornburg LLP, USA). Ms. Boyd discussed the state of mediation practice in the United States, stressing the importance of proper timing of and preparation for mediation proceedings.

ADR Committee Chair John MacKenzie (Shepherd and Wedderburn, UK) focused on IP mediation in the United Kingdom, providing an overview of the processes through which mediation takes place (the courts, the IP Office, and the .uk domain name registry, Nominet). Mr. MacKenzie also discussed how the UK courts encourage mediation, including the courts’ use of cost sanctions. He also highlighted the proposed reforms around mandatory provisions for information relating to mediation. Mr. MacKenzie also touched on the psychology behind disputes and the importance of understanding how behaviors and culture specific to a region can affect mediation, particularly in an international context.

Panelists also discussed the subject of online mediation, as well as the growing interest of regulators to find cost effective ways to address online harms, including IP infringement.

INTA extends its thanks to Yoav Oestreicher and the Meitar Liquornik Geva Leshem Tal law firm for hosting the event and to all of the speakers for their contributions.

The next ADR Committee roundtable, titled “Resolving IP disputes through Mediation in France,” will take place on December 5, 2019, in Paris, France. Details on the upcoming roundtable can be found here.

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