In this article, the author argues that, although it is rarely used, mediation is uniquely suited to resolve intellectual property disputes. The current laws governing intellectual property are ambiguous, and copyright disputes typically involve long and complex court proceedings. Resolving such disputes through mediation, the author argues, would not only allow parties to avoid the high costs associated with litigation, but also negotiate agreements to "'share' copyrighted works," avoid the disclosure of confidential information or "adverse issues," and preserve business relationships and reputations. Parties also have the opportunity to hire copyright experts to serve as the mediator to their dispute. (p 449)

The author disputes the main arguments against using mediation for copyright disputes, arguing that in most cases the process is in the best interest of a disputant. He acknowledges that mediation may not be suitable in a handful of cases, such as when a case has already been adjudicated and is pending appeal, or when both parties do not have settlement authority. Overall, however, the author maintains that the cost-saving and flexible negotiation process provided in mediation make it a valuable alternative to traditional litigation.