ICOM-WIPO Art and Cultural Heritage Mediation
WIPO Arbitration and Mediation Center, July 2011

GENEVA, SWITZERLAND: Considering the potential usefulness of alternative dispute resolution and in particular mediation, the International Council of Museums and the World Intellectual Property Organization Arbitration and Mediation Center have developed a special mediation process for art and cultural heritage disputes. Art and cultural heritage disputes distinguish themselves from other disputes by their highly specific subject matter. The stakes in a cultural property ownership dispute, for instance, are multiple since the past embedded in the work of art affects ownership of the work. In art or cultural heritage disputes legal and non-legal issues are intertwined; they require an understanding of every aspect of the dispute. In mediation all the intricacies of an art or cultural heritage dispute may be addressed. The procedure takes into consideration issues of commercial, cultural, ethical, historical, moral, religious, or spiritual nature. Mediation is also a forum in which customary laws and protocols can be taken into account to reach an agreement. Further information … Read the ICOM-WIPO Mediation Rules …

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