See the page of the same name at www.carlislam.co.uk which contains Links to my Articles about Commercial Mediation published by the Law Society Gazette and the Civil Mediation Council.

This is a practice niche that I will be developing in 2026.

In order to be effective, a Mediator requires a deep understanding of the industry’s unique blend of creative, commercial, and interpersonal issues.

This includes specific knowledge of industry norms, complex contracts, and the significant role of personal relationships and reputation.

Disputes in the Music Industry are often not just about money; they involve creative identity, artistic integrity, and control. Mediators must understand how to ‘recast’ creative disagreements (e.g., artistic direction, song selection, credit allocation) in commercial terms to facilitate a resolution.

Songwriter ‘split’ disputes, for example, involve allocating both co
mpositional credit and earnings.

An effective mediator should be fluent in the music business’s specific legal and financial frameworks, including:

(i) Royalty calculation and distribution – How earnings from sales, streaming, and performances are calculated, and common issues like claims of underpayment or misuse of deductibles.

(ii) Contract types – Nuances of recording, publishing, management, and booking agency contracts.

(iii) Guild and union frameworks – Knowledge of relevant arbitration frameworks and requirements from industry bodies.

(iv) Copyright and image rights – The legal principles surrounding copyright infringement, moral rights, and the use of an artist’s name and image (‘Personality rights’).

The music world often involves strong personalities and egos, and conflicts can quickly become personal.

A mediator must manage these dynamics with empathy and objectivity, focusing on behaviour and issues rather than personalities.

Working relationships in the industry are interdependent, and adversarial court proceedings often fracture future opportunities.

Mediation is uniquely suited to preserving these relationships, and the mediator should work to salvage future collaboration prospects.

Disputes can attract negative publicity that harms an artist’s public image and career. Mediators should be mindful of PR implications and help parties prioritize confidentiality.

The industry operates on strict timelines related to production schedules, album releases, and touring. Mediators must leverage these deadlines as pressure points to generate settlement momentum and ensure business continuity.

Unlike a court that is constrained by the available legal remedies, mediation allows for imaginative, commercially beneficial solutions tailored to the parties’ unique needs, such as shared credits, revised delivery schedules, or unique co-marketing opportunities.

The mediator must be a creative problem solver to explore these possibilities.