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Mediation is a non-binding settlement negotiation in which a neutral third party (the mediator) engages in shuttle-like diplomacy to bring the parties to  a mutually acceptable settlement.  The mediator is often a retired Judge or an active lawyer.

Settlement is the process by which two parties, with or without lawyers, discuss either in person or not, the claims, the merits of the claims and defenses and reach a mutually agreeable resolution of the dispute usually in a written settlement which may bring closure to a court case.

The primary purpose of alternate dispute resolution is to bring claims to a speedy, inexpensive and decisive final settlement.  The three types of ADR (alternate dispute resolution) are Settlement, Mediation and Arbitration.  All ADR proceedings are normally far less expensive and time consuming than a court proceeding.

The Federal Court system is open to a party with issues under Federal law.  The Federal Courts are the only forum in the United States to hear patent and copyright cases.  Trademark cases may be brought to the Federal Courts. The general comments above on State Courts is applicable to the Federal Courts with the […]

A party turning to the Colorado State Courts to obtain “justice” or redress of his or her rights embarks on an expensive journey through a minefield of rules and other law opposed by an aggressive party equally determined to assert its own case.  In such an environment, frustration, distortion and relatively great expense should be […]

The maintenance of trade secret rights requires internal business procedures and the use of non-disclosure agreements with those who have access to the trade secrets.

Trademark rights exist at common law.  Federal and state registration of trademarks enhance the value of the marks and increase the chances of success if it become necessary to resort to the courts to protect the trademark owner’s right. Proper trademark use and searching to prevent others from using the owner’s mark or marks too […]

Copyright registration has become far more important to the copyright owner than formerly.  Copyrights protect the actual expression of content not the intellectual content of the expression.   Einstein’s exact writings could have been protected by a copyright but not the theory described.