Other major issues in patent litigation, particularly within Europe, include appointing experts and trying to get them to do what they're supposed to do, the assessment of costs and engagement of forensic accountants, different rules regarding interim relief and disclosure of information, divergent time-scales [like "mediation", the word "urgent" does not appear to have a single shared meaning, this Kat notes].
dollars to donuts that one or other of them will come up with something that's been left out of it.
Michael Fysh's presentation was followed by a paper, "Negotiation, Mediation and Arbitration: Comparisons and Synergies", by Mark Appel (Senior Vice President International Centre for Dispute Resolution / American Arbitration Association). Negotiation, mediation and arbitration were not mutually exclusive alternatives, Mark said: they were complementary tools that could be used in conjunction with one another. Points initially made by Mark included the need for familiarity with the industrial sector and with corporate structures, flexibility and other positive indicators for managing dispute regulation. "Fitting the Forum to the Fuss" was a good maxim to follow.
the best policy ...