From the course: Music Law: Recording, Management, Rights, and Performance Contracts

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Attorney fees, mediation, and arbitration

Attorney fees, mediation, and arbitration

From the course: Music Law: Recording, Management, Rights, and Performance Contracts

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Attorney fees, mediation, and arbitration

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- [Voiceover] Three common provisions used in the resolution of disputes are attorney fees, mediation, and arbitration. A mutual attorney fees provision establishes that in the event of a legal dispute, the party that loses must pay the winning party's legal fees and costs. Often attorney fee provisions are one-way. For example, only the musician must pay a fee if she loses a lawsuit but if the record company loses, it doesn't have to pay attorney fees. Some states such as California have recognized the unfairness of one-way attorney fees provisions and automatically convert them into a mutual provision. If an attorney's fee clause is not included, each party bears its own legal expenses. A Mediation Provision requires that in the event of a dispute over the agreement, a neutral third person, the mediator helps the parties talk through their dispute and come up with a mutually acceptable resolution. The mediator doesn't make a decision about what to do and cannot bind the parties. The…

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