Mediation
Find answers to the most frequently asked questions about ADRS (alternative dispute resolution services).
What is mediation?
Mediation is a voluntary and confidential dispute resolution technique in which the parties to a dispute attempt to reach an amicable settlement with the assistance of an impartial mediator.
The mediator helps the parties identify common ground and business interests that could be explored to resolve the dispute by reaching a mutually satisfactory settlement agreement.
The parties retain control over the process and its outcome, since no settlement agreement can be imposed on them and must be voluntarily agreed between them. Furthermore, the parties may withdraw from the mediation at any time. The mediator does not decide or interfere with the outcome of the case.
For more information, please visit the Mediation Centre web page.
Why mediate?
The use of alternative dispute resolution (ADR) mechanisms, such as mediation or conciliation, saves users time and money and can bring them other benefits, such as confidentiality and being able to resolve multiple disputes in one single process. Parties can focus on their broader business interests to reach win-win solutions. Mediation and conciliation traditionally have a high success rate once the parties have committed to the process.
For more information, please visit the pages on the benefits of ADR and the ten reasons to try mediation.
When can I use mediation as an option?
Mediation can be requested by parties involved in first or second instance inter partes proceedings before the EUIPO.
Mediation may be requested at any time after the opening of the adversarial part of the proceedings:
- for EU trade mark oppositions, mediation can be requested after the cooling-off period;
- for EU trade mark cancellations, mediation can be requested after an application for cancellation is filed;
- for design invalidities, mediation can be requested after an application for declaration of invalidity is filed;
- for appeals, mediation can be requested after a notice of appeal is filed.
For more information, please visit the section on how ADR works on the Mediation Centre web page.
How can I request mediation?
The parties to a dispute may request mediation by sending a communication in relation to a specific inter partes proceeding, using the EUIPO website User Area.
- Log in to your EUIPO User Area.
- Select the relevant inter partes proceeding (i.e. opposition, cancellation, design invalidity or appeal).
- Go to the communication tab and send a communication requesting mediation by uploading the Mediation Request Form.
A mediation can only be initiated after both parties to the proceedings have clearly indicated their willingness to enter mediation officially through the EUIPO User Area.
In the event of multiple, related proceedings, all the case references must be indicated by both of the parties in the official communications.
For more information, please visit the Request ADR section on the Mediation Centre web page.
For assistance in requesting an ADR service, please contact the Mediation Centre at: MediationCentre-Info@euipo.europa.eu
What happens with the ongoing case(s) before the EUIPO if the parties agree to mediate?
The case(s) pending before the EUIPO for which both parties have submitted a mediation request, will be automatically suspended for the period of the mediation by the relevant instance of the EUIPO.
Time limits will be suspended from the date of the joint request for mediation.
In the event of multiple, related EUIPO proceedings, all of the case references must be indicated by both of the parties in the official communications. Only the cases clearly indicated by both parties in their official communications will be suspended.
In the event of other, related, ongoing proceedings before national or regional authorities, the parties themselves will need to submit a request for suspension to the relevant national authorities.
Upon conclusion of the mediation, ongoing formal proceedings before the EUIPO will be resumed and the time periods will continue from the day on which proceedings are resumed.
What if the other party does not agree to mediate?
In this case, no mediation will take place. As the voluntary nature of mediation is one of the central pillars of this ADR mechanism, both parties must agree to mediate.
Can the rapporteur, examiner, or the EUIPO impose ADR on the parties to a dispute?
No, ADR mechanisms are voluntary and cannot be imposed by the Office, the rapporteur or any other party.
The Office, and in particular, the rapporteur or case examiner, may only suggest that the parties enter into mediation, conciliation or try to reach a friendly settlement, depending on the circ*mstances and the nature of the case. ADR proceedings will only be initiated if both parties agree.
What kind of disputes can I mediate before the EUIPO?
The dispute must concern EU trade marks and/or registered Community designs. The Mediation Centre only provides services in respect of IP rights registered with the EUIPO.
However, parties may include other IP rights (such as copyrights, domain names and patents) in the mediation or any other related pending disputes between them.
For moreinformation, please visit the section on how ADR works on the Mediation Centre web page.
How much does mediation cost?
When parties choose the EUIPO ADR services to resolve their disputes, there are no extra fees to be paid to the EUIPO besides those already paid in the context of the relevant inter partes proceedings. See the EUTM fees and RCD fees tables to know more about the fees for oppositions, cancellations, invalidities and appeal proceedings.
If the mediation takes place at the EUIPO premises in Brussels, a one-off administrative charge of EUR1200 will be payable to cover the travel expenses of the mediator.
Most mediations are conducted online however, which does not incur any additional cost for the parties.
For more information, please visit the section on how ADR works on the Mediation Centre web page.
How are mediators allocated to cases?
The Mediation Centre invites the parties to appoint a mediator by suggesting possible candidate/s.
A list of mediators is available on the EUIPO Mediation Centre web page.
In which language will the mediation be conducted?
In principle, mediation will be conducted in the language of the proceedings.
However, the parties are free to agree on another, mutually convenient language, subject to the availability of a mediator who is fluent in that language.
A list of mediators is available on the EUIPO Mediation Centre web page.
How long will the mediation take?
Flexibility makes ADR a quick option. The pace is determined by the parties themselves and the process generally takes less time than going to court.
The smoothness and efficiency of the process depends on the participants and can therefore take from one day up to several months.
Who should take part in mediation (on behalf of the parties involved)?
It is very important that the parties are represented by someone who has the authority to take decisions on their behalf, including settling the dispute during mediation, as mediation is not only about legal issues but also about business interests.
Please note that the parties are responsible for drafting the settlement agreement themselves. It is therefore strongly recommended that the parties are accompanied by their legal representatives (i.e. lawyers).
What happens if the mediation is not successful?
If the parties fail to reach an agreement, the mediation will be terminated. In this case, the pending proceedings will resume from the point they had been suspended for the mediation. The mediator will never be involved in the proceedings and is obliged to keep the content of the mediation confidential.
Where are mediations conducted?
Mediations can be conducted in person, though the vast majority are conducted online. The EUIPO Mediation Centre has introduced an online ADR platform that allows parties to interact in a secure, confidential environment prior and during the mediation sessions. For those parties who decide to meet in person, the EUIPO Mediation Centre offers dedicated mediation rooms at the EUIPO headquarters in Alicante, adapted to the needs of the mediation process.
The parties may also agree to hold mediation proceedings at the EUIPO Liaison Office in Brussels, subject to the payment of a charge.
What usually happens during a mediation?
The mediator will guide the sessions, which are characterised by their flexibility and strict confidentiality. He or she may contact the parties or their representatives individually for a preliminary meeting to explain how the process works, the role of the mediator and of the parties, and to answer any questions.
The mediation sessions are usually divided into three main phases: (i)opening, (ii)exploration and negotiation, and (iii)conclusion.
For more details on these steps, please visit the section on how ADR works on the Mediation Centre web page.
What is the difference between mediation and arbitration?
Arbitration is a process in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
In mediation, the parties to a dispute try to reach a friendly settlement with the help of an impartial third party (mediator). No binding decision is imposed on the parties; rather, the mediator assists them in finding common ground so they can settle the dispute through a mutually satisfactory settlement agreement.
The EUIPO Mediation Centre does not offer arbitration.
For more information, please visit the Overview and Services section of the Mediation Centre web page.
What is expert determination?
Expert determination is a service offered in the context of a mediation that allows parties to a dispute to appoint an expert to provide an opinion on a legal, commercial or technical matter that is preventing the amicable resolution of the dispute.
The expert may be either an EUIPO staff member or an external professional who must act in an independent and impartial manner and have the relevant skills and professional experience.
