Described as "a terrific mediator" who is "extremely persistent and understood the problems of both parties," Patricia Prince has earned praise from both plaintiffs′ counsel and defense counsel in intellectual property cases, where her "professionalism, effectiveness and value" have been lauded.
Resolving Litigated or Pre−Litigation Cases
Ms. Prince has successfully litigated and mediated business disputes, including intellectual property disputes, for over 20 years. In her mediation practice, she is effective in resolving disputes before they reach the courts, as well as after litigation commences. Among the types of intellectual property and related disputes she mediates are:
Intellectual Property Disputes
- Ms. Prince has mediated cases involving copyright and trademark infringement, trade dress infringement, patent infringement, misappropriation of trade secrets, licensing disputes, work for hire disputes, and unfair competition claims in the high tech, entertainment, manufacturing and other industries.
Entertainment Law Disputes
- Ms. Prince has resolved conflicts involving breach of contract, defamation, royalty accounting disputes, licensing disputes and
other intellectual property disputes.
Other Business Disputes
- Common issues include breach of contract, breach of fiduciary duty, accounting, partnership dissolution, shareholder fights,
management disputes, fraud, misrepresentation, misappropriation of funds, misappropriation of confidential information, unfair competition
claims, and family business succession disputes.
Solving the Problem
Ms. Prince is adept at identifying and resolving the underlying problems faced by the parties in the dispute, which often are magnified or otherwise distorted as the parties enter or proceed through the legal system. Ms. Prince is skilled translator between the personal and business interests of parties and the legal requirements of a litigated case.
- Solving the problem in an intellectual property dispute begins before the commencement of the mediation session with a careful review of mediation statements prepared by counsel for the parties and a pre−mediation session telephone conference with counsel to discuss the most efficacious mediation process for the dispute, to identify key factors that counsel and the parties believe may positively or negatively affect settlement prospects, and to hone in on case dynamics.
Tools and Techniques
- Ms. Prince has developed additional tools to assist counsel and the parties prior to the mediation session, including a questionnaire counsel may use to assist their clients in prioritizing their business interests, as well as their personal interests, and in gaining a better overt appreciation of the opposing side′s interests prior to the mediation session. These tools and techniques help counsel and the parties prepare more effectively prior to the mediation session, which typically results in a more efficient session.
Curiosity, Empathy and Focus on Resolution
- Ms. Prince listens carefully with curiosity and empathy for case themes and to understand the perspective of all parties of the dispute. She works closely with counsel to analyze the strengths and weaknesses of each side′s case; she helps the parties identify and prioritize their interests; and she keeps the parties focused on resolution as they negotiate, using her significant ADR experience to move the parties through impasse to settlement.
Overcoming Cultural Obstacles to Resolution
Ms. Prince has significant expertise resolving disputes involving cross−cultural disputants and is equally comfortable mediating with U.S. companies and nationals as with foreign companies and nationals.
Fluent in Spanish
- Ms. Prince is fluent in Spanish and is particularly effective at building bridges in cases in which the approach to negotiation and conflict resolution of differing cultures may be exacerbating the dispute.
- Her language skills and cultural fluency have proven invaluable in establishing the trust necessary to successfully resolve seemingly intractable disputes among parties from different cultures.
Recognized International Competency
- Patricia Prince was awarded the 2012 RockRose Scholarship to attend a conference at the
International Summer School on
Business Mediation in Admont, Austria, which brought together 100 conflict resolution professionals from around the world to focus on successfully mediating business disputes.
Through her active mediation practice, study and teaching, Ms. Prince is continually deepening her international perspective and cultural competencies. These skills have been called upon with increased frequency.