Unlocking the Power of Mediation: Key Takeaways from the 5th EUIPO Conference in Malta

Pictured: Felicity Steadman

Setting the Scene: Mediation at the Heart of IP Dispute Resolution

Unlocking the Power of Mediation: Key Takeaways from the 5th EUIPO Conference in Malta

The European Union Intellectual Property Office (EUIPO) recently hosted its 5th IP Mediation Conference. With the theme, "Unlocking the Power of Mediation," the hybrid conference brought together a diverse range of experts, including business people, judges, lawyers, in-house counsel, and mediators, to discuss the expanding role of Alternative Dispute Resolution (ADR) in the increasingly complex world of Intellectual Property (IP).

The resounding message from the conference was clear: mediation is a successful, adaptable, and essential tool for IP disputes, offering a faster, more cost-effective, and business-centric path to resolution, and to building and preserving long term relationship than litigation. The EUIPO offers free online and in-person mediation services through its Mediation Centre based in Alicante. By institutionalising mediation as an easily accessible first step for parties in dispute over intellectual property rights, including registered EU trademarks, registered Community designs, and geographical indications for craft and industrial products, the EUIPO has significantly enhanced the effective resolution of IP disputes across Europe.

Mediation for Complex Disputes - Not Just the Simple Ones

A key takeaway for me from the conference was the recognition that mediation is just was well suited to complex disputes as it is to simple disputes. IP disputes are becoming more technical, numerous, and cross-border. The keynote speech highlighted that the success of ADR isn't just about procedural efficiency but about securing sustainable solutions that truly serve business interests, establishing trust, and strengthening stakeholder relationships.

Why Mediation Works: Voluntary, Confidential, and Flexible

Mediation offers a voluntary, confidential (essential for sensitive information like trade secrets or reputational risks), and flexible pathway to navigate this complexity, providing a "cathartic experience" where parties can air grievances privately and work towards creative solutions and commercial agreements that work everybody.

Pictured: Felicity Steadman

Technology and AI: The ‘Fourth Party’ in Mediation

I am fascinated as a mediator and mediator trainer about the opportunities and challenges that AI presents us with. The consensus in the session on how technology is transforming mediation processes was that technology is eliminating barriers, speeding up processes, and reducing costs. Specific examples included providing:

• mediators with case summaries, case analysis and real time tone and sentiment analysis.
• mediators and parties with AI-assisted risk assessments.
• secure digital platforms for document management and analysis.

To my relief AI was positioned as a supportive tool to enhance, not replace, the expertise of human mediators. Colin Rule referred to AI in mediation as a ‘fourth party’, a mediator’s assistant. Human mediators will continue to manage ‘the encounter’ in the mediation, the people and the emotions.

The Lawyer–Client Tandem: Collaboration for Success

The session on ‘Galvanising the lawyer and client into a true tandem team’ not only highlighted the critical role of lawyers in mediation, but also emphasised how important it is that lawyers are accompanied by their clients at all stages of the mediation. Mediation is not only about exploring the legal merits it is crucially about the commercial and personal interests.

Judicial Support: Courts Embracing Mediation

Judges and judicial leaders discussed their increasing engagement with mediation. Courts across Europe are actively promoting ADR, from triaging cases to establishing in-house

mediation services. This judicial push further legitimises mediation as a primary dispute resolution tool.

Ensuring Quality: Training, Accreditation, and Trust

Discussions also underscored the vital importance of mediator training and accreditation to maintain the integrity and effectiveness of the process. Preserving trust—through transparency, clear process understanding, and strict confidentiality—was emphasised as paramount, especially when addressing power imbalances between SMEs and larger players in IP disputes.

Bringing Mediation to Life: The Live Role-Play Experience

For me, the highlight of the conference was the live mediation role-play session that I was invited, by Karin Kuhl (Director of the EUIPO Mediation Centre), to moderate. Working with Alexandra Crawcour Christoph du Jardin Emilie Scheffer Marisol Orts Moreno Jakub Mrozowski, all experienced EUIPO mediators, we were able to demonstrate what a mediation session entails and the possible results it can offer.

Looking Ahead: Mediation as the Preferred Path for IP Disputes

The 5th EUIPO IP Mediation Conference served as a powerful platform, reinforcing mediation not just as an alternative but as the strategic preferred route for efficient and sustainable IP dispute resolution, perfectly aligned with the EUIPO's Strategic Plan 2030 goal of making IP dispute resolution more accessible and SME-friendly.