Throughout Australia, voluntary mediation is commonly used to resolve a variety of commercial disputes, yet intellectual property (IP) disputes are a subset of commercial dispute in which mediation appears to be seldom used. This can partially be attributed to the fact that a certain percentage of IP disputes require judicial determinations. However, anecdotal evidence suggests that in Australia, mediation is simply not the primary dispute mechanism considered by practitioners in the absence of a court order or contractual agreement.
Cohn, Lisa Claire
"Mediating intellectual property disputes,"
ADR Bulletin: Vol. 6
, Article 3.
Available at: http://epublications.bond.edu.au/adr/vol6/iss2/3