Mediation is more likely to be successful when you’re prepared for it properly. What follows are some of the top tips for getting your client ready for mediation when you are involved in a Houston trade secret dispute. Doing your homework ahead of time and knowing what to expect can prove extremely valuable.
Work on Some Level of Trust
By definition, trade secret disputes often have roots in lack of trust. Being successful in mediation, though, requires that both parties are willing to come to the table to discuss potential outcomes. Having an agreement that both parties will act in good faith could set the right tone for this process. Prepare your client for this.
Explain The Appropriate Trade Secret Definition To Your Client
You should always be aware of what’s actually considered a trade secret in your area. Reviewing relevant case law and making sure your case fits this definition (or not, depending on your role in the dispute) can help address concerns upfront and either move resolution along or cause the other party to realize a possible lack of legal standing.
Have Your Client Bring Evidence
Make sure you have your evidence, which should be collected fully before your client engages in the actual mediation process. Keep it organized so that it’s simple to reference or locate the pertinent data in the mediation session. This alone makes the conversations move more quickly towards resolution.
LAW OFFICE OF JOHN W. KELLY, JR.
