Available Throughout Florida
Menu
Menu
Available Throughout Florida
Mediation is among the most effective tools available for resolving intellectual property disputes, but its success depends heavily on how well the parties prepare before they walk into the room. Parties who arrive at mediation informed, open-minded, and properly authorized to settle are far more likely to reach a meaningful resolution than those who treat it as another round of litigation by other means.
Brian Gilchrist is a certified mediator based in Orlando, Florida, specializing in intellectual property dispute resolution. This guide covers the key steps every party and their counsel should take before a mediation session that is from managing expectations and ensuring the right people attend, to presenting expert reports effectively and thinking creatively about what settlement can look like. For a full overview of how the mediation session itself unfolds, visit the Mediation Process page.
Parties to a dispute often arrive at mediation carrying significant distrust and access to only the information that supports their own position. These biases set the tone of the session and create hurdles to any genuine willingness to consider compromise. Overcoming these obstacles is an uphill battle for both the parties and the mediator.
The foundation of successful mediation is not a strong legal argument but it is a genuine commitment to the process. Counsel and clients must be willing to believe there is another side to the dispute. They must arrive prepared to listen, not just to be heard. Without that mindset, even the most skilled mediator in Florida cannot bridge the gap.
Before attending mediation in Orlando or anywhere in Florida, parties and their counsel should confirm the following:
As an experienced IP litigator and certified mediator based in Orlando, Brian Gilchrist understands what separates a productive mediation from one that ends in impasse. Before the session begins, he works with parties and their counsel to set the right tone for helping each side understand what to expect, what information to prepare, and how to approach the session with the mindset most likely to lead to resolution.
For parties who want to discuss pre-mediation preparation, schedule a consultation before the session date.
Brian Gilchrist’s IP mediation practice is based in Orlando and serves clients throughout Central Florida and statewide. He regularly works with parties, IP attorneys, and corporate counsel in Tampa, Miami, West Palm Beach, Fort Lauderdale, Sarasota, Melbourne, Fort Myers, Ocala, and Tallahassee. Dedicated location pages for these areas are coming soon.
Whether you are preparing for a court-ordered mediation in the Middle District of Florida or pursuing voluntary pre-suit resolution of an IP dispute, Brian Gilchrist provides the expertise and process knowledge to help you prepare effectively and resolve efficiently.
Ideally, preparation should begin two to four weeks before the mediation date. This allows time to prepare a mediation brief for the mediator, distill any expert materials into summaries, confirm attendance of the right decision-makers, and have a frank internal conversation with your client about realistic settlement expectations. Arriving underprepared is one of the most common reasons mediations end in impasse.
A pre-mediation brief is a confidential summary provided to the mediator in advance of the session. It typically includes a factual background of the dispute, a summary of the key legal issues, each party’s position and claimed relief, an honest assessment of the strengths and weaknesses of the case, and any practical or business factors relevant to settlement. The brief is not a litigation document; it is a tool to help the mediator prepare to facilitate resolution effectively.
Yes, and this is non-negotiable. A representative who cannot make final decisions without calling someone else for approval significantly limits the mediator’s ability to move the parties toward agreement. In Florida courts, full settlement authority is often required by court order or local rule. Beyond legal compliance, having a properly authorized decision-maker present is the single most important practical factor in determining whether the mediation will succeed.
Emotional investment is normal and understandable in IP disputes, where the stakes often include not just money but the parties’ creative work, business identity, or years of innovation. An experienced mediator knows how to work with strong emotions rather than against them. The key is ensuring that your client has had a candid, realistic conversation about litigation risk before the session. So that the mediation room is not the first place they hear that their position may be less solid than they believe.
Yes, and this happens more often than most parties expect going in. Intellectual property disputes are uniquely suited to creative resolutions: licenses, cross-licenses, co-existence agreements, royalty arrangements, joint ventures, and technology-sharing deals can all deliver outcomes that a court judgment cannot. An experienced IP mediator will actively help the parties explore these options if a straight monetary settlement does not work for either side.
A party that arrives at mediation without proper preparation, with no brief submitted, no decision-maker present, no realistic settlement range identified and wastes the time of every person in the room and significantly reduces the likelihood of resolution. In court-ordered mediations, there may also be procedural consequences. Brian Gilchrist works with all parties and their counsel in advance to ensure everyone arrives ready to participate productively.
Get expert support for intellectual property matters, including protecting innovations and trademarks.