ARTS MEDIATION SERVICE

Lawyers for the Creative Arts operates its Arts Mediation Service. Mediation (as contrasted with arbitration) is a process in which a trained neutral helps the parties reach an agreeable resolution to their own disputes. No one acts as a judge, arbitrator or decision-maker, or forces a solution on any party. The procedure is non-binding and voluntary throughout. It can be abandoned at any time before reaching an agreement. Formal rules of evidence do not apply, the proceedings are secret and confidential and no record is made of them.

This is the only service in the Chicago area limited to and specializing in the arts, and tailoring its services to the needs of artists. Our mediators are all trained and experienced, knowledgeable about the concerns of artists and are completely neutral. Our record of success shows the need for, and effectiveness of the service.

How do I initiate mediation?

Call the LCA office. An appointment will usually be necessary to determine the scope of your problem and whether mediation or some other approach would be effective. If mediation seems to be appropriate, the other party or parties will be contacted to see if they also are willing to mediate.

What happens next?

The rules will be provided in writing to the parties, a mediator will be agreed to by the parties and a date set. The parties will agree in writing to go forward with the mediation, which will usually take place in the LCA office.

Do I need an attorney?

Attorneys are not required, but are welcome. Our main mission is to provide attorneys to clients who need them, but we will not obtain an attorney just to represent a party in one of our mediations.

What happens at the mediation?

The parties and mediator meet together, and each party will present their side of the dispute. The mediator will ask questions, guide the discussion, and try to narrow and clarify the issues. The mediator will undoubtedly meet separately, or "caucus", with each party several times, trying to narrow the differences. The mediator will not impose a solution, but will make suggestions. Usually the mediation is concluded in one session, of about three hours, but if it is necessary to continue on another date, that will be done.

How does the mediation end?

Hopefully with an agreement between the parties. Our experience shows the great majority of matters do end with agreement. The mediator will prepare a simple memorandum of the agreement reached, so there is no misunderstanding between the parties, and the parties will sign it. If at any time the parties conclude, and the mediator agrees, that there is no possibility of resolution, the mediation will end.

Is the mediation confidential?

Yes, no record is kept of the session, and the discussions that took place cannot be used later in any court proceeding, if the mediation fails. If an agreement is reached and signed, however, the fact that there is an agreement is not confidential and the agreement may be enforced later in court.

What does this cost?

LCA charges a modest fee to each of the parties, usually a few hundred dollars. As with all our services, each party's ability to pay will be considered. The cost will be a small fraction of what regular commercial mediators charge.

Again, how do I start this procedure?

Call or contact the office for an appointment.