Survey: A Look at ADR in the Entertainment Industry - Dispute Resolution Journal - Vol. 54, No. 2
Gerald F. Phillips
Gerald F. Phillips is the founding partner of the New York and Los Angeles law firm, Phillips, Salman & Stein, and is an adjunct professor at Pepperdine University School of Law. He specializes in the mediation and arbitration of disputes in the entertainment industry, and is a member of the entertainment panels of the AAA and of AFMA (formerly known as the American Film Marketing Association). Arianna Tatum is a business development supervisor for the AAA, and is in charge of its specialty panels in Los Angeles and California, including its entertainment and intellectual property panels.
“Why is there a reluctance to use mediation, when many describe it as a ‘win-win situation?’ ” The following article is an analysis of a survey conducted in the entertainment industry by the authors, where this and related questions have been raised. Phillips and Tatum suggest that education and the implementation of a management dispute program are the ways in which ADR can best be promoted in the world of entertainment.
In a survey conducted in the entertainment industry, 63% of the house counsel and 83% of the outside counsel characterized their experience with mediation as “excellent or good,”1 and 66% and 75% respectively reported that mediation “very frequently” resolved the dispute. Patricia Glaser, of Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, one of the pre-eminent entertainment litigators, at a UCLA conference on ADR, said, “I cannot think of any dispute that should not be mediated.”