Efficient and private out-of-court options for the resolution of works of art disputes, objects of antiquity and historic sites
Mediation is highly effective in resolving cultural heritage and art disputes, as it allows the parties privacy, convenience and control and is also more time and cost effective than court proceedings. Moreover, a mediation agreement can incorporate solutions that a court could not provide, such as future trading agreements.
The focus of a mediated solution is on the interests of the parties and can allow the parties to preserve their reputations in the marketplace. Mediation also easily accommodates cases of a cross-border nature. There is a high percentage of settlement in mediations.
Early neutral evaluation is a voluntary, non-binding process by which the parties agree to obtain an opinion about their dispute from a respected neutral third party with relevant expertise. The neutral hears each partyâ€™s submissions and then states his/her view on the likely outcome of the dispute or issue.
The neutral can also give advice on how it could or should be resolved. The evaluation given by the neutral may well influence the parties to settle the dispute, either in accordance with the advice, or in some other way depending on subsequent negotiations. Early neutral evaluation is â€˜without prejudiceâ€™ to the partiesâ€™ legal position.
On 2.3.2018 there was a high-profile panel in Vienna: Prof. Peter Picht (University of Zurich), Philipp Groz (Schellenberg Wittmer), Sam Granata (Court of Appeal Antwerp), David Perkins (WIPO Arbitrator and Mediator), Prof. Jacques de Werra (University of Geneva), Christian Loyau ( ETSI), Alesch Staehelin (IBM) and Claudia Tapia (Ericsson).