Cynthia H. Cwik, Esq., FCIArb

Lawrence “Larry” H. Kunin Esq.

Not all mediations are the same. Technology-related disputes, in particular, often involve highly specialized issues that require both a well-prepared mediator and equally prepared litigants. To navigate these matters effectively, mediation must be approached with careful planning, technical experience and a clear framework. This article outlines four key areas— from early preparation through settlement—that provide a practical roadmap for resolving fastmoving technology disputes. Along the way, it highlights how mediation can deliver speed, confidentiality, flexibility and creative outcomes while helping preserve valuable business relationships. 

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Hon. Bernice Bouie Donald (Ret.)

Growing up in DeSoto County, Mississippi, Judge Bernice Bouie Donald was one of ten children. She attended segregated schools until her senior year in 1967, when she became one of the first students to integrate Olive Branch High School. “Those years were not easy — opportunities for mentorship and scholarship information were withheld from me,” she recalled. “Despite the obstacles, I applied to and was accepted by the university then known as Memphis State.”

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Hon. Lee R. Bogdanoff (Ret.)

Private mediation has become a fixed feature of the litigation cycle, driven by crowded court dockets, the rising costs of trial, and encouragement from the judiciary. Ironically, even with instant communication tools, attorneys often engage in fewer direct discussions. It is not atypical for attorneys to appear at status conferences or evidentiary hearings without any prior dialogue with opposing counsel, let alone settlement discussions. Mediation provides a platform for parties to engage in meaningful communication under the mediator's auspices, often resolving disputes that have persisted for years in just a day or two.1 Even when a settlement is not reached during mediation, the process often lays the groundwork for resolution later. In this environment, the mediator plays a pivotal role not only as a neutral party but also as an architect of dialogue.

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