It's a phrase nobody likes to hear, and one that should be used less in the technology sector, say lawyers with experience in arbitration and mediation.
These alternative dispute resolution mechanisms are often cheaper and faster than litigation, make it easier to keep disputes confidential, and allow the parties to choose someone who understands technology to help resolve their differences.
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Colm Brannigan, a Toronto-based arbitrator and mediator and co-chair of the Technology and Intellectual Property Section of the Alternative Dispute Resolution Institute of Ontario (ADRIO) maintains confidentiality and speed are even more important.
“Companies are dealing with time-sensitive products or ideas or projects,” he says, “where if you go to litigation, your trade secrets are going to be out there.”
You can keep some aspects of a court case private, McLeod notes. For instance, parties can appeal for sealing orders. But there is no guarantee such orders will be granted and no way of knowing when you begin litigation what you'll be able to keep out of the public eye.
And with arbitration or mediation it's usually possible to keep even the existence of a dispute secret.
