Art disputes can often be complex in nature, often dealing with legal and non-legal issues that are interwoven. These disputes require a thorough understanding of every aspect that affects the dispute. Whether arising from a divorce case in which the ownership or value of the art is in question or dealing with disputes in the art industry, art disputes can often be sorted out during the course of mediation.

Mediation is a proper mechanism to handle disputes arising out of return and restitution, intellectual property, loan and deposit and acquisition disputes. It can also be used for issues involving digitalization, misappropriation, art being used as collateral in a financing transaction or donation issues. Art disputes may also involve special cultural distinctions. Parties involved in mediation get to choose the mediator that will be used and can look for someone with an art background or someone who is knowledgeable on art subjects.

During mediation, the intricacies of the art dispute can be addressed within the legal framework. Since mediation is a voluntary process, the parties can look to the law for guidance but are not bound by its parameters. For example, if a statute of limitations has passed, there may still be a remedy through mediation. At the same time, the parties can consider the legal issues and how a court may decide a particular issue while pursuing an amicable agreement.

The mediator tries to get the parties to see the situation from the other’s side and provides a realistic vision of how the case may eventually be resolved if the parties do not find a way to settle their dispute. The alternative is often much longer, public and expensive than mediation.