Open Forum

communities_1.jpg
  • 1.  ADR in the Creative and Performing Arts

    I'mLinkedIn
    Posted 15-02-2022 09:58 AM

    There is a need in New Zealand for those who work or volunteer in the creative and performing arts to have access to an alternative dispute resolution process that is confidential and free.  Settling disputes through a dedicated mediation and arbitration service will afford individuals and professional and community organisations, the same privileges as those involved in an employment or professional or recreational  sports dispute.

    When grievances and disputes are left unresolved, dissatisfactions can have a detrimental effect when conflicts arise. Working creatively is often to work collaboratively, and when grievances are not addressed to each party's satisfaction, there is a risk of destabilising important relationships. For those who work autonomously, a creative dispute is often difficult to navigate alone.

    I have been interviewing artists, theatre producers, professional dancers, musicians and others on this  subject and have discovered that there is a reluctance to raise issues publicly  or even privately within the sector for fear of exclusion from future collaborations, representation. creative opportunities and employment.   Funding for projects may even be put at risk.  When a grievance is raised or directed at or by an individual or group in the comparatively small arts community, (where everybody knows everybody,) there is a risk of reputational damage.  Power imbalances within the arts  keeps this status quo of silent acceptance firmly in place and grievances remain unresolved or ignored.  There are simply not enough opportunities to stick one's creative head above the parapet. 

    Mediation with a binding confidentiality agreement would give those who work in the creative arts and  the organisations that support them the opportunity to  deal with complaints and grievances quickly and effectively.   And it must be free.  In NZ the average creative professional  salary pa was $35,000.  (CNZ Colmer Brunton 2021 survey), so taking a grievance or complaint to court is simply out of the question.   Not only is this service required but should be seen as a basic right for those who enrich our lives through their work and vision.  

    I would love to connect with mediators with experience or an interest in ADR for the creative and performing arts, (including film and television) Pacifica arts and  Ngā toi Māori.



    ------------------------------
    Hilary Ord
    Mediator
    hilaryord@gmail.com
    Auckland NZ
    ------------------------------


  • 2.  RE: ADR in the Creative and Performing Arts

    Early Adopter
    Posted 16-02-2022 06:35 AM
    That is so true, and it would be interesting to see if the same applies in Australia.

    The arts are often a forgotten industry and yet enriches our lives daily. I am keen to follow this discussion.


    Kind regards,

    Amanda


    Amanda Dollman

    She/Her

    Marketing and Communications Manager
    Resolution Institute

    T +61 2 9251 3366 F +61 2 9251 3733
    amanda.dollman@resolution.institute

    Suite 602, Level 6, Tower B, Zenith Centre, 821-843 Pacific Highway, Chatswood, 2067
    www.resolution.institute
    ABN 69 008 651 232

    Concepts, ideas and material in this email or its attachments remain the property of Resolution Institute. The email or its attachments may also contain information that is confidential and privileged, and intended only for the addressee. You must not use, disseminate or copy this information without prior written consent of the sender. If you have received this email in error please notify Resolution Institute immediately.







  • 3.  RE: ADR in the Creative and Performing Arts

    I'mLinkedIn
    Posted 16-02-2022 12:23 PM
    Hi Amanda, I have been in touch with quite a few people today, I am so thrilled with the interest.   I've been researching this subject for the past six months, have  interviewed my creative friends and their connections and posted an  informal questionnaire on social media.  From comedians to curators the response has overwhelmingly supported their need for a freely available alternative dispute resolution service for the arts. There was plenty of dissatisfaction on how complaints and grievances are handled within the sector alongside a sense of vulnerability when disputes are raised, impacting on mental health and well-being.  There is immense struggle for those involved in the arts, the pandemic only adds to their burden.  I am so please there is support for this on both sides of the Tasman!

    ------------------------------
    Hilary Ord
    Mediator
    hilaryord@gmail.com
    Auckland NZ
    ------------------------------



  • 4.  RE: ADR in the Creative and Performing Arts

    Early Adopter
    Posted 16-02-2022 12:36 PM
    That is brilliant Hilary
    I have been following the posts and you have certainly gained a lot of support. As an avid supporter of the arts, and with children who work in the industry, this comes as no surprise and I am so glad you have raised it.


    Kind regards,

    Amanda


    Amanda Dollman

    She/Her

    Marketing and Communications Manager
    Resolution Institute

    T +61 2 9251 3366 F +61 2 9251 3733
    amanda.dollman@resolution.institute

    Suite 602, Level 6, Tower B, Zenith Centre, 821-843 Pacific Highway, Chatswood, 2067
    www.resolution.institute
    ABN 69 008 651 232

    Concepts, ideas and material in this email or its attachments remain the property of Resolution Institute. The email or its attachments may also contain information that is confidential and privileged, and intended only for the addressee. You must not use, disseminate or copy this information without prior written consent of the sender. If you have received this email in error please notify Resolution Institute immediately.







  • 5.  RE: ADR in the Creative and Performing Arts

    Posted 16-02-2022 08:05 AM
    Hi Hilary, 
    You may get some further support from  Women in Film and Television (WIFT).  

    For someone wanting to sustain a career in the industry, you don't want to be seen as 'difficult'. Confidential mediation would be one good way to protect the up-and-coming from the bullies and power-brokers of the industry. 

    Mediation is a great idea and not before its time. Before I completed my law degree and mediation qualification, I completed a degree majoring in theatre and film at Victoria Uni of Wellington. I worked in theatre, film and television and I know what a small pond that is and how important word of mouth and reputation are.

    Regards,

    Tess Dellagiacoma 

    Argyll Family Dispute Resolution Practice

    BA; MA (Appl); LLB; GradDipLegPrac; GradDipFDR

    Nationally Accredited Family Law Mediator

    M: 0448 837372 

    www.ArgyllMediation.com.au


    This email and any attachments are proprietary and confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily reflect or represent those of Argyll. If you have received this email in error, please let us know immediately by reply email and delete it from your system. You may not use, disseminate, distribute or copy this message nor disclose its contents to anyone. Argyll (82412809284), Molesworth St Lismore, Lismore, New South Wales, 2480






  • 6.  RE: ADR in the Creative and Performing Arts

    I'mLinkedIn
    Posted 16-02-2022 12:35 PM
    Hi Tess, it is indeed a very small pond! Approaching organisations like WIFT, other industry guilds and networks is an important step, thank you for your recommendation.

    ------------------------------
    Hilary Ord
    Mediator
    hilaryord@gmail.com
    Auckland NZ
    ------------------------------