Trade secrets mediation in Houston Texas is often difficult because it involves a great degree of distrust between the parties.  However, trade secrets mediation in Houston Texas often provides better results than litigation that is time-consuming and costly, so it is important to follow these guidelines to help make your experience with mediation a successful one:

Mediate Early

In trade secrets cases, it is important to mediate the dispute as early as possible.  Mediation is confidential, so nothing said during mediation can be disclosed.  Additionally, it is private unlike the nature of a public courtroom.  Mediating early can help prevent the public disclosure of confidential information and may help resolve issues where this information is being misappropriated.

Be Open to New Ideas

Courts are rarely creative with their rulings.  However, mediation does not have to be bound by the traditional rules by the court.  Parties may be able to think about creative solutions to their legal issues, such as licensing deals or restrictive contracts.

Bring Settlement Authority

It is vital that if a settlement is reached during mediation all parties necessary to authorize the settlement must be present during mediation.

Carefully Select a Mediator

Choose a mediator who has ample experience in trade secrets cases.  A mediator working on a case of this nature can explain that even if a party was successful in acquiring a temporary restraining order does not mean that he or she will be successful in obtaining an injunction or damages.  A mediator who has experience in this realm will also provide greater credibility to the process.

Trade secrets mediation in Houston TX is often complex cases that may be emotionally triggered, too.  When a business owner invests in a business, he or she often puts everything into it.  If he or she believes that information is being misappropriated, the result may be extreme.  Trade secrets mediation in Houston TX can help the parties resolve their case in an amicable manner.  However, in order to accomplish this goal, the parties must be able to communicate effectively.

Communication barriers disrupt the dialogue between the parties and may even escalate conflict.  When a barrier exists between the parties, a party may feel defensive and may react negatively to what the other party says.  Some examples of communication barriers include:

• You statements – these are blaming statements that say that you are the cause of the problem
• Judging statements – these statements are often based on incorrect and negative assumptions
• Self-serving biases – By viewing the facts related to the case only from one party’s own perspective, that party feels victimized and has no trust in the other party
• Attribution error – This occurs when one party attributes some type of negative characteristic to the other party that is not accurate
• Poor interpersonal communication – Communication of this nature may cause face-losing interactions that create a barrier to communication

Mediators know about these common communication barriers and will use various methods to help break them down.  This increases the likelihood that the parties will be able to work out a mutually beneficial outcome to their case.  At the beginning of mediation, the mediator establishes ground rules regarding the proper conduct of the parties.  Additionally, if he or she believes that the parties will not communicate well together during any stage of the mediation, he or she employs the use of private caucuses in which the mediator meets one-on-one with each party separate from the other party. The mediator can often discern the message of the party but relay it in a more approachable way to the other party.  The mediator also helps clear up misunderstandings that may be standing in the way of an agreement.