Mediation in intellectual property disputes is no longer a niche option. In many parts of the world, it has been firmly established practice for years.
In the United States, specialist providers such as JAMS focus exclusively on IP disputes and handle many of the most significant cases each year. In Singapore, mediation is part of a deliberately constructed national system: Singapore ranks as the second most popular seat for international arbitration in five of the six regions surveyed worldwide — including Asia-Pacific, the Middle East, Europe, North America, and Africa (Queen Mary University of London / White & Case, International Arbitration Survey 2025). The WIPO Arbitration and Mediation Center has established its only office outside Geneva in Singapore (Intellectual Property Office of Singapore, ipos.gov.sg). And in 2020, the Singapore Convention on Mediation entered into force — enabling the international enforcement of settlements reached through mediation, in a manner comparable to the enforceability of arbitral awards under the New York Convention.
The success rates speak for themselves: 70 per cent of mediation proceedings conducted at the WIPO Center result in a settlement between the parties (WIPO Arbitration and Mediation Center, Caseload Summary, wipo.int/amc/en/center/caseload.html).
These experiences are now increasingly being taken up at European level — by WIPO and by EUIPO alike.
A Figure Worth Noting
In 2025, the WIPO Arbitration and Mediation Center handled a total of 1,461 cases — an increase of 70 per cent compared to 2024. The largest share involved copyright and digital content disputes at 71 per cent, followed by trademark disputes at 23 per cent (WIPO Arbitration and Mediation Center, ADR Highlights 2025, wipo.int/amc/en/center/summary2025.html).
What Is Driving This?
The reasons behind this increase are multifaceted. IP conflicts are rising across the board. Artificial intelligence and digitalisation generate new legal questions every day — around copyright in AI-generated content, licensing agreements for training data, or the boundaries of protection in emerging technology fields. At the same time, many companies are reluctant to pursue lengthy court proceedings. Litigation takes years, is expensive, and often damages business relationships that both sides would prefer to preserve.
Institutions Are Responding
The European Union Intellectual Property Office (EUIPO) has also responded to this trend. In November 2023, the EUIPO established its own Mediation Centre. A significant further step followed in June 2025: mediation services were extended to all first-instance contentious proceedings — that is, to opposition, cancellation, and invalidity procedures. The service is free of charge and can be used entirely online (EUIPO, Mediation services extended to all EUTM and registered EUD disputes, 2 June 2025, euipo.europa.eu). Mediation is now open to all parties in EU trade mark and design disputes from the outset.
What Does This Mean for Businesses?
Mediation is no longer a fallback. It is a serious instrument — particularly where legal questions remain unsettled, business relationships are to be preserved, or a swift resolution is needed. Companies that manage IP conflicts strategically should plan for mediation as an option from the outset, not only once proceedings are already under way.
The partners at HochGrat assist businesses in making targeted use of the services offered by WIPO and EUIPO, and in embedding mediation as an integral part of a well-considered conflict resolution strategy.
Sources
- WIPO Arbitration and Mediation Center, ADR Highlights 2025, wipo.int/amc/en/center/summary2025.html
- WIPO Arbitration and Mediation Center, Caseload Summary, wipo.int/amc/en/center/caseload.html
- Intellectual Property Office of Singapore, IP Dispute Resolution Hub, ipos.gov.sg
- Queen Mary University of London / White & Case, International Arbitration Survey 2025, cited in SIAC, siac.org.sg
- EUIPO, Mediation services extended to all EUTM and registered EUD disputes, 2 June 2025, euipo.europa.eu