FRAPA’s most beneficial service
The delays, costs and burdens of litigation are damaging. FRAPA provides mediation between parties involved in disputes arising out of claims of format plagiarism. Mediation is negotiation between the disputants carried out with the assistance of a neutral intermediary. It attempts to reach consensus between the parties.
The parties remain in constant control over both the process and the outcome. Confidentiality serves to encourage frankness and openness by assuring the parties that any admissions, proposals or offers for settlement will not have any consequences beyond the mediation process. They cannot be used in subsequent litigation. Mediation helps format owners, producers and broadcasters stay out of court by resolving format disputes at their source. An obvious benefit of mediation is that both parties can continue with their business relationships. The ground rules of the mediation procedure will be tailored to the particular need of each format dispute, and each conflict is seen as unique. The case is neither to be governed by a precedent nor will it set one. Therefore, whatever a party deems to be relevant is relevant.
Mediation has become one of the most beneficial services that FRAPA has provided to the format community. In 80% of the disputes FRAPA has been able to steer the warring parties to a mutually agreed and signed solution. In 2004, FRAPA successfully mediated 24 format plagiarism disputes. However, since confidentiality must be preserved, the success of FRAPA in this arena is not widely known.
Cooperation with WIPO Arbitration and Mediation Center
Since April 2010 FRAPA joins forces with WIPO in providing alternative dispute resolution services. Under this collaboration, the WIPO Center takes on FRAPA’s existing mediation activity and will administer TV format-related disputes filed under the WIPO Mediation and Expedited Arbitration Rules for Film and Media.
Launched in December 2009, these Rules are tailored to the specific characteristics of disputes arising in the film and media sectors. They foresee appointment of a specialist from a dedicated international WIPO Panel of film and media mediators, arbitrators and experts. The WIPO Center and FRAPA also envisage providing specialized training and information sessions on format dispute resolution. Here you find fees and costs. FRAPA members profit from a 50 % discount on WIPOs services.
Why refer disputes to mediation?
- Preserve business relationships
- Retain control over the process and the outcome
- Reach a speedy settlement
- Protect sensitive information through confidentiality
- Negotiate freely to create value
- Invent business-driven solutions
For further information please contact FRAPA at [email protected].