Art-related disputes are, by nature, difficult to define. They encompass contractual and non-contractual conflicts with an artistic actor (artist, gallerist, collectionist, restorer, art advisor, auction house, museum, art foundation, art association), object (painting, sculpture, photography, minor collectibles) or subject (copyright, droit de suite, art restitution). Furthermore, these conflicts are multidimensional, international and confidential, requiring specific expertise which a judge does not always have.
The ADR Art & Cultural Heritage (ADR Arte) project was born in CAM (Milan Chamber of Arbitration) at the end of 2015 with the aim of offering the first and only Italian ADR service solely devoted to art-related disputes. The preferred method? Mediation.
Mediation is an informal method assisting the parties to reach a concerted solution to their conflict. The mediator is not a judge nor a lawyer; it doesn’t decide nor impose a solution but rather facilitates the negotiation between the actors.