In Commercial Mediation, joint-creation/exploitation/ licensing & Assignment of ‘Intellectual Property Rights’ (‘IPR’) & ‘Knowhow’ – which are both also linked to ‘Tax-Efficiency’ & contractual ‘Deal-Structuring’ = potential common ground for agreeing terms of a mutually beneficial commercial deal in settlement of a dispute.

There is also an intersection here with ‘Professional Conduct’ & ‘Ethics’, in both the ‘Facilitation’ & ‘Conduct’ of ‘Commercial Negotiations’ in Mediation.

In other words, IPR (while time-limited & jurisdictional) & Knowhow (which is protected under English Law by contractual confidentiality), are potentially creative ‘Deal-Making Tools’ for both Mediators & Mediation Advocates – provided: (i) you have been educated in the application of the underlying principles; (ii) are as we used to say when I worked in-house for Rolls Royce & Alstom – ‘Commercially Switched-On’/’Aware’; & (iii) have ‘Imagination!’

In my experience, very few lawyers that I have dealt with, fulfil all three requirements.

So, likewise, both Mediators and Mediation Advocates involved in Commercial Mediation need to have a working knowledge of the underlying legal principles.

Thus, while a Mediator need not be a legal polymath, they must be multi-disciplinary.

This is brought into sharp focus when you consider where and how IPR and Knowhow can be created and jointly-exploited in a Cultural Heritage dispute, see:

·       ‘Intellectual Property and Cultural Heritage: Towards Interdisciplinarity’ by Fiona Macmillan: https://lnkd.in/eUd9sd86.

·       ‘The notions of intellectual property and cultural heritage: Overlaps and clashes’ by Irini Stamatoudi: https://lnkd.in/eJ_sbmyC.

However, my impression is that neither Museum Trustees nor the legal advisors on either side of a Cultural Heritage Dispute, have much, if any idea, of how a ‘Creative Deal’ can be done by exploring the potential for IPR & Knowhow creation & exploitation.

This is a gap in the literature that I am aiming to fill, when in 2026, I start work on my next book – ‘Mediation of International Cultural Heritage Disputes – Anachronism, Orientalism, Culture, Ethics, Law, IPR & Contracts.’ – See the ‘International Cultural Heritage Disputes’ page at www.carlislam.co.uk.

Meanwhile, my next live Zoom webinar to be presented to members of the Standing Conference of Mediation Advocates worldwide in 2025 is entitled – ‘Mediation Advocacy in Music & Performers’ Rights Disputes.’

This is scheduled for the afternoon of Thursday 20 November 2025.

Both the Talk & the Article, will discuss the potential use of IPR & Knowhow as a Tool of ‘Creative Deal-Making’ in Commercial Mediation.