The Mediation of Claims Involving Computer and Software

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.

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The Mediation of Claims Involving Computer and Software