© 2017 Art ADR Global

Services

Mediation

Bespoke

Confidential

Effective

 

Mediation is arranged at a time and venue to suit the parties.  The parties also decide the length of sessions.

Confidentiality is a cornerstone of the procedure.  All discussions, proposals and terms of settlement remain entirely private.  It follows that proposals made are 'without prejudice' and cannot subsequently be referred to outside the mediation process.

Disputes are never convenient.  They consume time and emotional energy.  Time, for many, means money. Litigation is costly, courts are overburdened, delays in listing are prevalent and outcomes of proceedings unpredictable.  

 

Mediation is designed to unlock the most intractable disputes.  It can be used before approaching solicitors, before issuing proceedings and at any time during proceedings.  Mediation allows for creative settlements that address an unlimited range of issues of particular significance to parties.  Many of these issues are not legal ones.

 

Mediation requires voluntary attendance.   This is an excellent starting point for reaching settlement.  It indicates a willingness to try and reach an agreement.

 

The mediator is entirely neutral.  The mediator will not give judgement, give directions to the parties or coerce them to reach settlement.  The parties retain control of the whole negotiation, facilitated and guided by the mediator.

 

Art ADR Global adheres to the European Code of Conduct for Mediators  

 

The Process

 

  • Each mediation session is a bespoke process, designed to address the parties' priorities.

 

  • All parties agree to abide by the Mediation Rules.

 

  • Both parties agree the date, venue, time and length of sessions.

 

  • Both parties agree who will be present.

 

  • Legal representation at mediation is possible, but not essential.

 

  • Both parties sign an agreement to mediate. 

 

  • The mediator will generally conduct a short joint opening session to explain the structure of the process.  If the parties feel strongly that they do not wish to be in the same room, this can be conducted individually.

 

  • The mediator then conducts private sessions with each party.  The confidentiality aspect of this part of the process is crucial and underpins the route to successful settlement.  Each party can discuss and debate the position freely, safe in the knowledge anything said will not be communicated to the other party without their consent.

 

  • The mediator may suggest a joint session at certain points, on the basis this may help progress matters.  

 

  • No aspect of any discussion is binding until full agreement is reached.  At that point, the parties sign a written Mediation Agreement setting out the terms of settlement.  At that point the agreement has contractual force.

 

Litigation Advice

Art ADR Global is also able to advise  on matters of litigation relating to art and heritage.

Training

Art ADR Global would be pleased to provide in-house training on any mediation, legal or art & heritage related subject. 

Common Areas of Dispute
  • ​Contract

  • Agency

  • Misrepresentation

  • Heritage Issues

  • Artist Resale Rights​ 

  • Copyright

  • ​Intellectual Property 

  • Tax Issues

  • Authenticity disputes