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
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.