This morning I developed the idea of using ‘Quadrant Boxes’ as a Preparation and Mapping Tool for Mediators and Mediation Advocates in the Mediation of Cultural Heritage Disputes [‘CH’].

It occurred to me that this tool also represents a 4 stage process in Mediation, i.e. it can be used as a ‘roadmap’ for dispute resolution.

Museum [P.1] Paradigm	Claimant [P.2] Paradigm
Bridge (i.e. to ‘Convergence’)	New Paradigm (i.e. jointly-developed creative solution).

The boxes work together as a holistic and interacting whole.

Top left Box 1 – ‘Museum [P.1] Paradigm’ – i.e. ‘Internationalist/Universal’.

Top Right Box 2 – ‘Claimant [P.2] Paradigm’ – i.e. ‘Nationalist.’

Bottom Left – Box 3 – ‘Bridge’ (i.e. to ‘Convergence’) e.g. ‘Agreed Principles of Restitution.’

Bottom Right – Box 4 – ‘New Paradigm’ (i.e. jointly-developed creative solution).

In October, I will develop this Mediation Tool in the context of Cultural Heritage Disputes for my online talk in November and for my new book.

This month I am working on how IPR can be used as a ‘bridge’ in CH Disputes, which involve both ‘Private Law’ and ‘Public Law’ dimensions i.e. where a Museum is a state institution.

I think that the existence of a ‘multiverse’ of ‘interests’ presents both a challenge and an opportunity where IPR can be used creatively to ‘bridge’ the gap between the parties’ competing positions in a complex dispute, whether that is a CH dispute or a Commercial Dispute.

Out of curiosity I also asked Google AI whether WQuadrant Boxes are a Mediation Tool.

AI replied – ‘Yes, quadrant boxes can be a useful tool in mediation, particularly when analyzing the motivations of the parties involved. They help visualize and understand the potential for a successful mediation by assessing the parties’ “NEED to resolve” and “WANT to mediate”. This helps mediators tailor their approach and identify potential obstacles or opportunities for reaching an agreement. Here’s a more detailed explanation:

• Four-Box Model:One common application of quadrant boxes in mediation is the “four-box model”. This model plots individuals or groups on a grid based on their levels of “NEED to resolve” and “WANT to mediate”. 
• Analyzing Motivations:By understanding where parties fall on this grid, mediators can gain insights into their underlying motivations and potential willingness to compromise. 
• Tailoring the Approach:This analysis allows mediators to adjust their strategies accordingly. For example, a party with a high need to resolve and a low desire to mediate might require a more directive or evaluative approach, while a party with a high desire to mediate might be more open to facilitative techniques. 
• Identifying Obstacles:The quadrant model can also highlight potential obstacles to reaching an agreement. For instance, if both parties have a low need to resolve, it might indicate a lack of motivation for settlement. 
• Creative Solutions:By visualizing the different scenarios, mediators can also brainstorm creative solutions that might appeal to parties with varying needs and desires. 

Example:A mediator might use a four-box model to analyze the motivations of two neighbors disputing over a shared fence. One neighbor might have a high need to resolve the issue (e.g., they need the fence fixed for safety reasons) but a low desire to mediate (e.g., they believe the other neighbor is unreasonable). The other neighbor might have a low need to resolve (e.g., they are happy with the current situation) but a high desire to mediate (e.g., they want to maintain a good relationship with their neighbor). The mediator can then use this information to tailor their approach, perhaps focusing on finding a solution that addresses the first neighbor’s need while also appealing to the second neighbor’s desire to maintain a good relationship.’