Arbitration and mediation: keeping trade secrets disputes behind closed doors

In disputes over confidential information, certain resolution methods hold distinct advantages—from decision-makers with technical expertise to ex parte contact. Sarah Speight reports.

According to the World Intellectual Property Organization (WIPO), mediation and arbitration are increasingly being used internationally as successful methods of out-of-court dispute resolution.

These routes afford many advantages as opposed to taking disputes through the courts, not least because of cost, with mediation being the cheapest—although it should be noted that arbitration can be more expensive than litigation.

But for trade secrets in particular, mediation and arbitration convey specific benefits, the most crucial, perhaps, being confidentiality.