At AGICOA, we are committed to continuously refining our processes to ensure fairness, transparency, and efficiency for all rightsholders. Since the introduction of the AGICOA Conflict Resolution Procedure (CRP), only a small number of cases have escalated to Phase 4 – the stage where rightsholders decide to pursue legal action, arbitration or mediation. To provide greater clarity and accessibility for those considering this step, we have updated the AGICOA Conflict Rules.
A More Equitable Approach to Mediation and Arbitration
Previously, AGICOA’s mediation and arbitration processes required mutual agreement between the conflicting parties. While this approach encouraged collaboration, it also created challenges when consensus could not be reached. To address this, we have revised our rules to offer a more balanced and inclusive approach.
Under the revised framework, a party can now initiate all options of Phase 4 unilaterally, without requiring the opposing party consent. This key change ensures that conflicts can move forward, even if one party is unwilling or unresponsive.
Clear and Fair Outcomes
The updated rules clarifies how AGICOA will handle different responses from the opposing party:
- If the opposing party does not respond
A party that fails to respond to the mediation or arbitration request after being notified via AGICOA’s system, will be deemed to have withdrawn its rights. As a result, any blocked amounts will be paid to the initiating party, ensuring a fair resolution for proactive claimants.
- If the opposing party refuses to participate
If a party explicitly declines to engage in mediation or arbitration, the initiating party remains free to explore legal action. While this decision depends on the initiating party’s interests, it allows them to seek an alternative resolution if necessary.
Strengthening AGICOA’s Commitment to Fair Conflict Resolution
These updates reinforce AGICOA’s commitment to providing a fair and efficient framework for resolving conflicts. By enabling unilateral initiation of Phase 4, we ensure that proactive rightsholders are not disadvantaged by the inaction of others.
If you have any questions about the revised AGICOA Conflict Rules or need guidance on a conflict, our team is here to help.
Stay proactive, stay informed, and trust AGICOA for effective conflict resolution.