Mediation + Dispute Prevention for Creatives, Startups, Artists + Creative Entrepreneurs
Two Distinct Services:
1. Mediating Existing Disputes & Lawsuits
First, I mediate disputes and lawsuits that already exist. I’ve mediated about 200 small business disputes, including the types of lawsuits that creatives and creative startups will encounter. Cost for mediation: Generally, $175 / hour per party. Substantial discounts (up to 50%), applied equally, exist for qualifying parties. Sliding-scale flat rates are also available, split equally by the parties. Details are here.
2. Preventing Disputes & Lawsuits
Second, I offer ways to avoid disputes and lawsuits in the first place. This can be guidance, mentoring, or training. I’ve done this with hundreds of employees and small business teams — and artists and creatives. Cost for prevention services: Generally, $225 / hour. Substantial discounts (up to 50%) exist for qualifying people and entities. Sliding-scale, by-the-project, and flat rates are also available. Details are here.
Two decades of litigation, mediation, and dispute prevention experience; 200 business mediations; avoidance guidance to hundreds of individuals / teams; 150 hours of mediation and dispute training. Private practice, top international law firms in San Francisco, Los Angeles, and D.C. Federal judicial clerkship. J.D., Stanford Law.
Now, as an art lawyer and emerging artist with experience in New York, London, and LA, I focus my dispute work on the types of lawsuits and disputes encountered by creative startups, all kinds of artists and creatives, and creative-related business and vendors.
Approach & Value Added
My approach brings efficiency and reality. For both mediation and dispute prevention, my method quickly builds trust and gets past unhelpful thinking. My process uses proven tools avoid / resolve lawsuits. I get everyone thinking clearly about reality — litigation risks, exposure, and actual costs if they don’t settle or modify their business ways. I also have tools to preserve ongoing business relationships. More details are here.
Mediation Cost / Rate
Generally, $175 / hour per party. Substantial discounts, applied equally, for qualifying parties. Sliding-scale flat rates are also available, split equally by the parties. More information about mediation, rates, discounts, and cost is here.
Dispute Prevention Cost / Rate
Generally, $225 / hour. Substantial discounts for qualifying individuals and entities. Sliding-scale, by-the-project, and flat rates are also available. More information about dispute avoidance, rates, discounts, and cost is here.
Examples of Parties + Areas
Mediation and dispute prevention for parties including artists, creatives, musicians, writers, designers, artist-run galleries, arts organizations, artist-curators, creative-run startups and ventures, and artist-entrepreneurs.
Subject areas include matters involving art law, intellectual property (IP), art / creative-related contracts, rights and claims of artists, creatives, and counter-parties, vendors, and art world businesses on matters involving copyright, trade dress, trade secrets, protection and exploitation of intellectual property, licensing, fair use analysis, appropriation and infringement analysis, public art commissions, artist residencies, free speech, First Amendment, censorship, authentication, moral rights, the disputes that artists, creatives, and related businesses encounter, such as artist-gallery disputes.
Additional subject areas include disputes and potential disputes in matters involving artist and artwork legacy / archive planning; contract negotiation, freedom of expression, free speech, and other artist rights, including moral rights; issues regarding public commissions, residencies, exhibitions, performances, and art schools / design schools (such as contractual, IP, and censorship); and, finally, other constitutional, statutory, and common law rights and claims of artists + creatives.
Telephone & Video Mediation
A state attorney general’s office once trained me on business mediation by telephone. For that AG’s office, I used telephone mediation to handle about 40 pro bono consumer mediations with businesses nationwide.
Phone mediation is effective. It gives parties time to absorb reality and risk. It lets parties be efficient. You don’t need to miss days of work. You can resolve matters around your business schedule, including after hours and across time zones.
Parties to my mediations can be anywhere in the world. You can be traveling. My dispute practice is national and international. I use the phone — or any video app the parties want.
J.D., Stanford Law, 1999;
Two decades of litigation, mediation, and dispute avoidance experience;
Mediator of about 200 small business / financial lawsuits and disputes;
Decade of litigation experience at some of the world’s top law firms;
Four years of training hundreds of employees, managers, executives, and small business teams on how to prevent disputes and lawsuits;
About 150 hours of court-sponsored mediation training on both coasts;
Private practice, non-profit, and government legal experience;
Clerkship, U.S. Court of Appeals for the Third Circuit.
For Disputes Related To
Visual — painters, sculptors, photographers, painting, fine art, graffiti, street art, installations, photography, conceptual art, sculpting, metal artists, video art;
Musical — musicians, bands, recording artists, singers, songwriters, composers, music videos, sound art; lyrics;
Writers — prose writers, poets, playwrights, literary artists, song lyrics writers, literature, poetry, plays, screenplays, fiction, non-fiction;
Performing artists — actors, dancers, fashion models, speakers, television, movies, theater, New Genres;
Designers — graphic designers, interior designers, filmmakers, film + video editors, multimedia artists, animators, art directors, advertising, fashion designers, gaming designers, interior decorators.
Examples of Business & Law Experience
1-on-1 and multi-party mediations and negotiations;
Industries: Creative / art, apps, software, high tech, hardware, chips, manufacturing, human resource departments, sales forces.
Types of parties: Individuals, startups, closely-held companies, family businesses, public corporations;
Areas of legal experience: Contracts, intellectual property, copyright, trade secrets, antitrust (including pricing and markets), multi-party complex commercial litigation;
Areas of other ADR and litigation experience: Mediations, arbitrations, trials, appeals.
Examples of Art Law / Artist / Creative Experience:
I’m both an art lawyer and a successful visual / conceptual artist;
Spaces: Contracts, private collectors, corporate collectors, art consultants, art fairs, art-related vendors in New York, LA, and London;
Areas of art / creative experience: Visual art, interior design, IP, modeling contracts, art consultant contracts, art fair contracts.
Subject areas include copyright, trade dress, other soft IP issues, contracts, licensing, infringement, moral rights, First Amendment / freedom of expression, censorship, and more.
Board of Trustees, The Institute for Doctoral Studies in the Visual Arts (idsva.edu)
J.D., Stanford Law School, 1999. Moot Court, Stanford Law Review.
B.A., Univ. of Pennsylvania, 1994.
Arts District / Art Museum Area | The Historic Marlborough Building | 180 High Street #14 | Portland Maine 04101 | One block from the Westin Harborview Hotel | Two blocks the Portland Museum of Art in downtown Portland Maine.
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