Link: Arts Mediation Group: Completely voluntary; respects differences; safeguards relationships; creates fair, lasting solutions; lets parties decide.

The Understanding-Based Model of Mediation
Conflict resolution through enhanced understanding

Arts Mediation Group was founded in 2002 in order to apply the Understanding-Based Model of Mediation to arts-related disputes. In this unique approach to mediation the mediator works directly and simultaneously with all parties, and with their counsel when present, to address conflict in ways that respect the parties' differing perspectives, needs, interests, and goals. With this model the mediator actively supports the parties' own efforts to understand and articulate what underlies the dispute. The resulting understanding becomes the basis for developing creative solutions that build from what all parties view as important.

Working in this model enables the parties to:

  • Increase control over the resolution of their dispute
  • Become fully informed of relevant law, but not limited to it
  • Recognize their underlying interests and goals
  • Develop effective modes of communication
  • Honor their relationship
  • Address barriers to collaborative problem-solving
  • Develop creative solutions to the matters in dispute

The Understanding-Based Model of Mediation was developed by the Center for Mediation in Law (CML), a national nonprofit educational institute.

Visit CML's web site for the following resources:

  • "Choosing a Mediator"
    Gary J. Friedman
    A detailed guide to selecting a suitable mediator.
  • "Saving the Last Dance: Mediation Through Understanding"
    Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin
    A video excerpt of a simulated mediation, between a choreographer/artistic director and dance company management, involving contractual and intellectual property ownership issues. Produced by the Center for Mediation in Law and Harvard Law School's Program on Negotiation.
  • Information about CML's mediation training programs

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