Common Disputes Involving Internet Law and How Mediation Can Help

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.

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Common Disputes Involving Internet Law and How Mediation Can Help