Alternative Dispute Resolution
In working with artists and members of the creative entertainment and media fields over the years, a recurring theme of issues has arisen that led CPG to form a core team of experts to deal with conflict resolution between parties in these communities. Some of these issues include:
- Disputes between Artists and also with Agents, Managers and other Professional Representatives over Fees, Royalties and/or Rights and Responsibilities, including Termination or Reformation of such Relationships
- Financial Payment and other Disputes
- Domestic Relations Disputes between Spouses and Partners
- Real Estate and Residency-Sharing Disputes
CPG has a certified and field-training team of both male and female inter-disciplinary (legal, psychological, social service and media/entertainment) professionals that focuses on Alternative Dispute Resolution (ADR) methods for resolving such disputes. The emphasis on ADR stems from the fact that many of the people with whom we consult, coach or train do not have the time, resources or inclination to initiate court proceedings, which can be both lengthy and quite costly and often do not lead to what the parties consider satisfactory results.
There are essentially two basic types of ADR, Mediation and Arbitration. The roles of the Mediator and Arbitrator are fundamentally incompatible as the Arbitrator’s interaction with the parties is confined to adversarial proceedings in which the parties present evidence and contest opposing evidence, whereas mediation usually involves extensive confidential ex parte and joint communications with individual parties in which the Mediator operates as a “facilitator” who attempts to assist the parties in finding common ground so they reach a settlement agreement between themselves, but not an adjudicator, as is the case with an Arbitrator reaching a formal decision, which is binding on the parties, at the end of the proceedings.
While CPG professionals can act as both Arbitrators and Mediators (and some matters involved a “blended” approach adopting both roles and approaches), CPG is usually an advocate of Mediation as being consistent with its overall philosophy and approaches to dealing with resolving conflicts between parties in the most constructive and amicable way possible in the circumstances. CPG often serves in a “transformational mediator” role to assist people to shift their attitudes into a different means of being in conflict that will allow them to find solutions rather than remained polarized, leaving their differences unresolved.
While many parties gravitate to the AAA or JAMS as an arbitration/mediation vehicle, CPG believes that it offers a different, more economical approach that is expressly designed to design with the special issues and parties involved in the creative and entertainment fields that integrates consistently with the overall focus and other services of the company.
