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Effective Dispute Resolution Strategies in Science and Technology Collaborations

Explore technical factors influencing litigation or ADR decisions: resolution quality, costs, speed, confidentiality, territorial implications & future impact. Delve into business needs, win/win scenarios, and business vs. legal resolutions. Understand drivers like emotional elements, vindication, and protection of relationships. Discover ADR practices in IP agreements, Lambert Agreements, and GSK practices.

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Effective Dispute Resolution Strategies in Science and Technology Collaborations

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  1. Dispute Resolution In International Science and Technology CollaborationDavid Rosenberg, GlaxoSmithKlineApril 26, 2005

  2. Technical factors to consider in deciding whether to litigate or use ADR • Quality of resolution process • Cost of resolution process • Speed of resolution process • Confidentiality of the resolution process • Territorial considerations • Impact of the resolution process on future disputes

  3. What do the parties want - the business need driver • Do both parties want a win/win or win/lose? • Do both parties want a business or a legal resolution? • If either party really wants win/lose or legal resolution, litigation may well be the only way • If both parties want/are willing to try to reach a win/win business resolution, what is the best means of achieving this? • Can the best means of resolving the dispute be identified in advance or is it best identified in the context of the specific dispute?

  4. What drives the business need? • Whether there is an emotive element to the dispute – “theft” or “I no longer trust my partner” cases • Is vindication of position needed? – “I am right and I want the world to see it” • Is litigation needed to “prove I am strong”/ will ADR be seen as a sign of weakness by the other party or 3rd parties? • Will the dispute impact future commercial conduct or position of a competitor? • Is there an ongoing relationship which both parties wish to protect?

  5. ADR in IP agreements and disputes in the UK • Lambert Review of University-Business Collaborations and “Lambert Agreements” • www.dti.govt.uk/lambertagreements • Judicial encouragement of mediation before or during litigation in UK in future?

  6. GSK practice • Rarely have ADR clauses in agreements as reduce flexibility • De facto engage in informal ADR in most collaboration agreement disputes – seek to anticipate and resolve at business level (often before dispute crystallises) rather than litigate • Rarely litigate because in fact reach business-driven dispute resolution

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