‘We can work it out – Mediation of Art Music & Performer Disputes.’

As I mentioned in an earlier post, 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 provisionally scheduled for the afternoon of Thursday 20 November 2025.

I am also writing an article about this for submission to the Journal of Mediation Theory and Practice in October for publication worldwide.

The idea recently occurred to me that I should also write in depth about the ‘Commercial Mediation of Art Music & Performer Disputes’.

So, I have decided to change the working title of my next book to – ‘Mediation of Art Music & Performer Disputes.’

This will be written as a practical handbook for Commercial Mediators, Mediation Advocates, and their clients – globally, and I will post an update about this on the ‘My next book’ page at www.carlislam.co.uk, later on in the year.

I have recently discovered a legal intersection between:
(i) Intellectual Property Rights; and
(ii) Cultural Property Law,

and while the Art disputes that I plan to discuss in the book go beyond Cultural Property Repatriation claims to include e.g. Misattribution of Art and Antiquities sold at auction, i.e. in London and in regional auction houses, I am still planning to include a detailed discussion of Mediation and Mediation Advocacy in International Cultural Heritage Disputes.

As a common theme, IPR runs through Art Music and Performer Disputes – so I am hoping that the book will also have a wider appeal to all of those involved in Commercial Mediation – globally.

Not least, because it appears to me, that the creative use of IPR & knowhow as a ‘dispute settlement tool’ is underused and often overlooked by those involved in Commercial Mediation.

As I explained in my recent post about ‘Creative problem solving in Commercial Mediation using IPR & Knowhow?’ –

‘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.’

As far as I am aware, this idea/’Mediation tool’, has not been explored and discussed in any depth in the leading books that have been published around the world about Commercial Mediation. So, there would appear to be a significant gap in the literature about ‘Commercial Mediation.’

There is also an intersection here with ‘Ethics in Negotiation’ – because as I explain in my article published online by the CMC: https://lnkd.in/e-6R–iv

‘Spiralling costs in litigation create a power imbalance between an artist and a record company.’

In the immortal word of the Beatles, in Commercial Mediation – ‘We can work it out!’ or rather – the parties, ‘with a little help from’ the Mediator and Mediation Advocates – ‘can work it out!’

Comments added:

‘Carl Islam’s article delves into the complex nature of music disputes and the high litigation risks involved. He outlines various claims, such as breaches of contract and trust, and issues like image rights and copyright infringement. Islam highlights the uncertainty of legal outcomes and advocates for mediation as a beneficial alternative to litigation, promoting collaboration and creative resolutions.’ (Civil Mediation Council introduction to my article published on their website, see: https://lnkd.in/e-6R–iv).

‘Big kudos to Carl Islam for continuing to break new ground with his upcoming book, “Mediation of Art Music & Performer Disputes.” This is essential reading, especially for those of us here in California and beyond who mediate in spaces where art, creativity, IP, and identity collide.

There’s something deeply resonant here for The Me in Mediation™ – the version of ourselves under an internal agreement to keep learning, to keep refining our craft, and to bring every tool available into the mediation room when we help others work through personalized problem-solving of complex relational dynamics.

Carl’s work reminds us that mediation doesn’t live in a vacuum. It intersects with power, culture, money, identity, and creative expression. Whether you’re based in London, LA, or Lagos, this belongs on your shelf.

And if you’re in the business of helping others resolve disputes, this might just help you resolve the ones within yourself too.’ (Jeff Soilson, Mediator in California): https://www.linkedin.com/feed/update/urn:li:activity:7330622058533445634/?commentUrn=urn%3Ali%3Acomment%3A(activity%3A7330622058533445634%2C7330627916218703872)&dashCommentUrn=urn%3Ali%3Afsd_comment%3A(7330627916218703872%2Curn%3Ali%3Aactivity%3A7330622058533445634)