If you haven't already, we recommend you go back and read our pages on Examples of Dispute Scenarios before you continue reading.
What is alternative dispute resolution?
Alternative dispute resolution options are voluntary processes where parties involved in a dispute resolve their dispute without going to court, with the help of a neutral third party. There are different alternative dispute resolution options often used in the music industry, including , and .
Given the international nature of many and content-related disputes, alternative dispute resolution can become a one-stop shop to resolve disputes that may be happening at the same time in different countries. This tends to reduce costs and time and simplify resolving the dispute.
You can find more information on how ADR mechanisms are used for digital copyright and content-related disputes on WIPO's ADR Mechanisms page.
Mediation
Mediation is a voluntary dispute resolution method that may include all parties involved in a dispute. Unlike a , which can be resolved with the parties alone, in mediation, there will be a neutral third party, called a mediator, to help both sides reach an agreement.
The mediator does not decide the outcome of the mediation; instead, the mediator helps the parties to resolve the dispute themselves by assisting their discussions to come to an agreement. If parties cannot reach an agreement, they can resort to other dispute resolution options, including arbitration, expert determination, or court proceedings.
It's also possible that you will need to try to resolve your dispute first via mediation before trying other avenues for resolution. For example, you may have signed an agreement with the other party that states mediation is the first step in any dispute resolution process, or you may be a member of a with this stated in their bylaws, or live in a country whose laws require disputes to go through mediation in a first attempt to be resolved.
If you need to explore mediation, many offer mediation services, as well as the WIPO Arbitration and Mediation Center.
Arbitration
Arbitration is when parties involved in a dispute agree to bring their dispute to a neutral third party, called an arbitrator, who will make a decision that resolves the dispute. All parties must agree to arbitration and must accept the decision of the arbitrator, which is typically final and enforceable in court.
Arbitration is a more formal process than mediation and is more suitable than when a dispute is over more than just a technical issue. It's similar to court proceedings, but it's done in a private setting and is often quicker and sometimes less expensive than going to court.
Music industry deals sometimes require arbitration to settle future disputes, or parties in dispute may agree to call on arbitration to solve an existing dispute. There are a number of arbitration providers and procedures that creators may use, including the WIPO Arbitration and Mediation Centre.
Expert determination
Expert determination allows parties to submit a dispute concerning particular technical issues to a neutral third party, called an expert, who will make a decision. The expert determination will usually be binding unless the parties have agreed otherwise. It's often used to solve disputes on very specific points, which require expert or specialized knowledge in the area of the dispute, such as determining ownership or .
Expert determination is a more formal process than mediation and is similar to arbitration but narrower in scope. Expert determination often costs less and can be quicker than court proceedings or arbitration. It may be used on a stand-alone basis or in connection with an arbitration, mediation, or court case.
There are a number of expert determination providers and procedures that creators may use, including those available via the WIPO Arbitration and Mediation Centre.
For example, the WIPO Expert Determination Rules were specifically adapted to solve user-uploaded content disputes.
You can check the WIPO ADR for Digital Copyright and Content Disputes webpage for more information on this.
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