Mediation in Cultural Heritage Disputes: Pro et Contra
December 9 2020
It is common knowledge that mediation is available for various types of disputes ranging from commercial to family matters, avoiding the formalities, delays, and cost of court proceedings. Suitable for complicated yet delicate conflicts, this dispute resolution mechanism has become increasingly attractive for cultural heritage disputes. With parties aiming for compromise that may preserve confidentiality, the distinct features of the claims involving cultural heritage may impair as well as allow for the traditional benefits of mediation. This paper aims to examine the relationship between cultural heritage and mediation while paying attention to its prospects under the auspices of the newly adopted Singapore Convention. The author recommends several possible improvements relating to the mediation clause as a prerequisite to the proceedings, as well as the enforcement of the parties’ agreement as their outcome.