Overview of Mediation

Mediation is a process in which mediators who are impartial and neutral third parties that have no interest in the parties concerned suggest a compromise solution to parties to a dispute in an attempt to settle the dispute.

Mediation is not a system where a mediator makes a ruling and settles the matter black and white. The parties will make compromises while taking into consideration the opinion of the mediator, who is an intellectual property expert, and will endeavor to resolve the dispute.

Once an application for mediation proceedings is made to this Center, one attorney-at-law and one patent attorney, two in total, shall be appointed as mediators from the list of mediator candidates of this Center, and the mediation proceedings shall be commenced. With both parties' agreement, it is possible to appoint any person as a mediator, whether or not listed on the above list.

The mediator may state his or her opinion from an expert standpoint, but he or she will not make a black or white judgment that will bind the parties. In most cases, the mediator will listen to the parties' side of things and then present a settlement proposal, but the parties are free to accept or not accept the settlement proposal.

If a settlement cannot be reached between the parties, it will be resolved by arbitration or litigation.