I submitted my first essay for the Diploma in Art Law course at the Institute of Art & Law in London on Thursday night. I have also written and submitted to my editor at Taxation (Tolley), a two-part article entitled, ‘Mediating Estate Disputes Involving Art & Heritage Property’, for review, approval and publication later in the year. I have two more essays to write for the Art Law Diploma course:
– ‘Mediating Cultural Property Disputes.’ (Which I am currently writing).
– ‘Renegotiating Artists’ Rights Through Mediation.’ (To be written in October/November).
The working drafts appear on the ‘Mediation of Art & Music Disputes’ page at www.carlislam.co.uk. The structure of the Mediating Cultural Property Disputes essay is:
– Museum Trustees’ Duties and Powers.
– Ethical Principles.
– Precedents.
– Issues for the Mediator to discuss during a Pre-Mediation Zoom Call about preparatory steps and agreeing ‘criteria’ i.e. applicable ‘Principles of Restitution/Repatriation.
·  A new ‘Restitution Paradigm’?
In the Introduction to the essay, I argue:
‘At some point in a successful Mediation, a “paradigm shift” occurs in each Participant’s [‘P’s] perceptions, thinking and feelings, which opens the door to creative ‘out of the box’ thinking through collaborative problem-solving, resulting in the abandonment of what prior to that moment, were rigidly held and fiercely fought positions.’
In the conclusion, I argue that ‘what appears to me to be a missing piece of the jigsaw, is the existence of a new paradigm, whereby in the exercise of their duties and powers, Trustees can resolve to de-accession an object in the Museum’s collection, by making an ex-gratia disposition of a trust asset under the Charities Act 2022, based upon the application of ‘Practical Ethics’ – i.e. because restitution/repatriation is “the right thing to do in the circumstances” of the claim. As far as I am aware, like a field of pure white snow in winter, this is an area of research, where nobody has yet worked out what flowers may appear in the Spring.’
The research Bibliography for this essay, which includes 23 articles, runs to over two lever arch files, and I am on schedule to complete my reading within the next 14 days, with the aim of completing the writing of the essay for submission on Sunday 3 September.
For the remainder of the year in my free time, I can focus on the third essay, about Mediating Art & Music copyright disputes – which I am examining and writing about from the novel angle of using Mediation as a process to ‘re-negotiate’ Art & Music deals, worldwide.