ArtResolve : Confidential and effective resolution of disputes about works of art and cultural property: Mediation

Home
Contact

ArtResolve

Dispute Resolution by Mediation

Party control - Specialist mediators - Fees - Do you need lawyers? Preparing for the mediation - How the meeting is conducted

PARTY CONTROL

Mediation is a voluntary, non-binding process. The role of the mediator is to assist the parties with negotiations. The mediator cannot impose a result. It is the parties who resolve the dispute: the mediator helps them to reach agreement. Mediation puts the parties in control: a party can withdraw from a mediation at any time in the same way as one can withdraw from negotiations. Mediation is effective when the disputes are of a cross-cultural nature. The mediation is 'without prejudice' to the parties' legal position. The involvement of the mediator makes it easier for the parties to reach a settlement. There is a high percentage of settlements in mediations.

SPECIALIST MEDIATORS

ArtResolve prefers there to be co-mediators where one of the mediators is an art expert or historian and the other is a lawyer, but it does appoint a sole mediator if that is what the parties want. A pupil mediator accompanies the mediator(s) with the parties' permission.

FEES

The mediators' fees are for agreement with the parties and subject to approval by ArtResolve. The fees have to be paid in advance of the time fixed for the principal meeting.

DO YOU NEED LAWYERS?

ArtResolve recommends that parties are accompanied by their lawyers. Lawyers are able to advise their clients and speak for them if that is what they prefer. Lawyers also understand the further legal proceedings that are likely to ensue if there is no settlement.

PREPARING FOR THE MEDIATION

The mediators discuss with the parties and their lawyers the manner in which it would seem best to proceed. Usually written summaries are exchanged and sent to the mediators, and a meeting is arranged to take place shortly thereafter at which a settlement of the dispute is to be sought, attended by a representative from each party with full authority to settle the dispute. The meeting is usually scheduled to take one working day. The meeting can take place anywhere agreed to by the parties and the mediators. At the opening session the mediators provide an explanation of the process, emphasising that it is voluntary and co-operative, that it is for each party to decide how to participate, and that each has the right to control what they disclose and what they agree to. The mediators describe how the process of separate, private sessions can lead to a settlement. Direct negotiations may also be facilitated.

HOW THE MEETING IS CONDUCTED

At the opening session, parties or their lawyers can make presentations to outline their positions and/or to add to the points made in the written summaries. There then follow the separate, private sessions between the mediators and each party and its lawyer. At these private sessions the parties are encouraged to tell the mediators the terms on which they would be prepared to settle the case. These private sessions can be adjourned at any time to allow consultation before deciding how to proceed. The mediators do not disclose to the other party anything heard in these private sessions without specific permission. The essence of the process is shuttle diplomacy, by which the mediators assist the parties to find an acceptable resolution, with or without direct negotiations.

Back to Dispute Resolution

Home
Contact

Fee
Structure