MPA Mediation Service
MPA Mediation Service
Mediation is a form of dispute resolution. Where two parties are in dispute, mediation provides a framework for resolving the problem without resorting to court proceedings. The role of the independent mediator is not to make a decision but to facilitate a resolution acceptable to both parties.
Types of dispute suitable for mediation include:
• Royalty splits
• Auditing and accounting
• Reversion of rights
• Writer/publisher disputes
• Publisher/publisher disputes
• Publisher/sub-publisher disputes
Benefits of mediation
• Cost effective
• Informal and flexible
• Can result in a swift solution
• Can result in a “win-win” solution acceptable to both parties
• Can help to preserve the relationship between the two parties
The mediation process
Both parties to the dispute must first agree to mediation. The mediator will generally meet with each side, together and separately, to discuss the issues involved. The outcome of mediation is not in itself binding until and unless all parties agree and sign a contract making it so. The mediator does not make a judgment – the decision itself is down to the parties involved to agree. All discussions are “without prejudice” and do not affect litigation should mediation fail.
MPA mediation service
The MPA actively encourages its members to consider mediation as a way of resolving disputes. We have drawn together a list (below) of mediators, all of whom have extensive experience in dealing with intellectual property disputes.
If you choose to use the MPA mediation service please contact Nico Evans (Nico.Evans@mpagroup.org.uk) at the MPA office with the following details:
- Contact details for each of the parties to the dispute
- The nature of the dispute
- The name of your preferred mediator from the list below
NB: This list is provided in good faith by the MPA. It is made available expressly on the basis that (1) the MPA is not making any representation or assuming any responsibility to you as to the accuracy of the information provided or the suitability or competence as a mediator of any of the persons listed and (2) if you instruct a mediator you will carry out your own checks as to these matters.
|Sarah Faulder developed her considerable legal, industry and lobbying experience during her long career in the music industry, first as a copyright solicitor in private practice, then as CEO of the MPA and latterly in public affairs roles at Paris based CISAC and then at PRS for Music. Read full profile...|
|Dennis Muirhead||Dennis is a successful civil and commercial accredited mediator. He is an experienced lawyer, advocate and was counsel assisting a Royal Commission into Drugs. Dennis has worked extensively in music, new media, motor racing, and as chairman and trustee of numerous charities and voluntary organisations. Read full profile...|
|Andrew Thompson||Andrew Thompson is a founding partner of Lee & Thompson LLP and is the firm’s Senior Partner and Managing Partner. He has specialised in the entertainment business since 1978. Read full profile...|
|Mark Wyeth, QC||Mark is a barrister who has been in continuous private practice since 1983. Mark qualified as a commercial arbitrator in 1988 and was appointed Queens Counsel in 2009. He is a member of the prestigious 5 Paper Buildings chambers. Read full profile...|
Fees may vary depending upon the simplicity or complexity and/or the value of the case.
Typically the charges for an MPA mediator are £500 (plus VAT) for a half day (10.00am to 2.00pm) or £900 (plus VAT) for a full day (10.00am – 6.00pm). Should all parties agree to continue beyond 6.00pm, each additional hour thereafter to be charged at £150 per hour. MPA members receive a 10% discount on these rates.
The MPA may be able, subject to availability, to accommodate the mediation at its central London office for an additional charge of £60.00 (plus VAT) for a half day and £110.00 (plus VAT) for a full day. (Free to MPA members)
Remember, to access this service please contact Nico Evans at the MPA office: Nico.Evans@mpagroup.com.