Common Disputes Involving Internet Law and How Mediation Can Help

Internet Law

As the internet continues to extend, so do the type and number of disputes involving internet law. Individuals and businesses interact extensively online, which is a prominent reason for the uptick in internet law cases. While disputes may be more likely to occur over the internet, the mediation process provides a possible solution to them.

Disputes over the internet can vary drastically. Claims may arise because of harassing conduct or cyberbullying over the internet. Domain name disputes may arise when a company sees its name being appropriated by a different company. Trademark infringement may be easier to pinpoint by reverse searching on the internet. Claims of defamation or privacy violations may even be alleged.

While there is no shortage of potential issues that may arise over the internet, these disputes may involve complex issues, such as determining liability for wrongdoing, cross-jurisdictional considerations, intellectual property principles, and highly technical concepts. The potential consequences of a negative finding by the court can result in lost revenues, having to turn over profits to another company, injunctions, and other negative consequences.

Mediation provides a cost-effective solution to individuals and businesses who are grappling with complex issues implicating internet law. Mediation is confidential, so trade secrets or other privacy issues are not shared with the public. Additionally, the parties have complete control over the outcome of the case, so they can avoid undesired consequences that may arise in court breaching an agreement with terms they can live with. Disputing parties may even be able to reach an agreement that allows them to structure a relationship for the future. The mediation process is often far less expensive and much more timely than litigation, which is critical when dealing with the speed of the internet.

What Can I Expect from Computer and Software Mediation?
Computer and software mediation is a private process that is led by a third-party neutral. The mediator guides the parties toward a mutual resolution that meets their underlying needs, such as avoiding negative publicity, lost business relationships, time, and money. The mediator usually separates the parties physically or through the use of technology. The mediator may then meet with each party to learn more about their perspective and their interests. The mediator may then communicate offers and counteroffers between the parties until they reach an agreement they both sign off on.

What Results Can I Get from Internet Law Mediation?
Internet law mediation allows the parties to reach any legal agreement. They are not restricted to the limited remedies typically available through courts, such as money damages or injunctions. Instead, they may agree on such resolutions as entering into a new licensing agreement, agreeing to take down certain unflattering information, issuing a public apology, issuing a retraction, or setting up a new group to monitor ongoing activity, among others. The ability to reach creative solutions is one of the most important characteristics of mediation.

The Mediation of Claims Involving Computer and Software

Computer and Software

Every day, we rely on computers, software, and applications to help us accomplish our daily job duties and goals. However, issues with computers and software can cause disruption to a business, leading to disputes with customers, competitors, and employees. Due to the potential privacy concerns involved with these matters, mediation is an effective alternative to litigation that allows the parties to take control of their case and avoid the often unsatisfactory results that follow litigation.

Mediation is a form of alternative dispute resolution that differs significantly from litigation. In litigation, the parties are adversaries and participate in a contentious process. In the end, there is a clear winner and loser.

In contrast, mediation gets the parties to work together toward a mutual goal of avoiding the expense and time of litigation. Both parties are able to emerge from this process in a position of strength.

Additionally, they can avoid the often surprising results that arise when allowing a judge or jury to make a binding decision on them. Additionally, parties can select their mediator, so they can choose someone with subject matter expertise on issues involving computers, software, and technology. This also allows them to skip the time of having to explain complex, technical issues to lay juries or having to hire expert witnesses to try to explain them.

Mediation involving computers and software may occur in person, or the parties may leverage technology further by having online mediation in which the parties participate through videoconference software. They can virtually distance themselves in this way. If they reach an agreement, they sign it and have their binding contract as a result. They can ask the court to approve it and incorporate it into a court order.

Effective Techniques to Mediate a Cybersecurity Issue

Cybersecurity Issue

Cybersecurity matters are almost always complex. They may involve very technical details, as well as a party that has intentionally negatively affected a business through hacking or other illegal conduct. Resolving these issues may be possible through mediation and the implementation of the following steps:

Define the Problem
The first step is to accurately define the problem. Cybersecurity issues may arise when a hacker steals information. The parties involved may need to accurately reflect on whose information was stolen and the potential impact of this theft. It is also important to note whether other data may have been damaged or destroyed.

Review Contract Provisions
If the issue involves insurance coverage for a data breach, it is important that the parties carefully review the terms of any relevant insurance contract. In other situations, other agreements may apply, such as nondisclosure agreements, terms of use agreements, or other agreements that establish the rights and responsibilities of the parties.

Consider Possible Implications of Effects of Other Laws
While the parties may be focused on their more narrowly defined issue, it is important that they also consider whether other laws may be implicated and whether these laws may affect their claim if the matter is publicly disputed. For example, HIPAA, the Fair Credit Reporting Act, consumer protection laws, or privacy laws may be involved in the case. By privately resolving the matter, the company may be able to avoid adverse regulatory action.

Protect Your Interests
When dealing with a cybersecurity issue, it is important that you carefully consider how the current issue may affect you and your business. If a matter is publicly litigated, it may lead to negative publicity and make customers doubt your ability to safeguard their data. Additionally, it may further highlight security vulnerabilities that others may be able to take advantage of.

An experienced mediator will help to identify your underlying interests and also inform you of the possible consequences of continuing in protracted litigation. This information is often enough to help parties embrace the mediation process and reach a resolution that is targeted at helping them protect their interests.

Benefits of Mediating Elder Abuse Cases

Benefits of Mediating Elder Abuse Cases

Elder abuse is a serious problem that affects millions of Americans. It is believed that instances of elder abuse are drastically underreported. When a loved one is concerned about their loved one being abused or neglected they may immediately jump to litigation. Mediation is a viable alternative that offers many benefits to parties, including:


Mediation is a private process. It is not conducted in an open forum like a court case is. It is also confidential, so the parties do not have to worry about what they say being used against them later in court. Privacy helps to protect the loved one, as well as the nursing home, which can avoid negative publicity. It also facilitates open discussion so that the parties can clear up misunderstandings.


Mediation can be scheduled based solely on the parties’ and mediator’s schedules. Parties do not have to try to add their names to an exhaustive court docket. By resolving disputes faster, the parties are often able to minimize damages and preserve relationships.

More Affordable

A lot of expenses go into litigation, including:

  • Court costs
  • Attorney fees
  • Discovery costs
  • Expert witness fees

These sums can result in significant costs to both parties.

In mediation, the parties can often minimize their costs. They may not incur filing fees if they immediately seek resolution through a mediator and bypass the litigation process. Additionally, they can split the cost of mediation.

Preservation of Relationships

Mediation is often able to help the parties maintain a civil relationship with one another. Unlike in litigation where the parties are pitted against each other, the parties work together in mediation to come up with possible solutions to their shared legal problem.

Creative Solutions

In mediation, the parties are often able to brainstorm creative solutions to their legal problem. They are not restricted like they are in litigation to money damages or other limited forms of relief.