Could Mediation be the answer for Kesha and Kemosabe Records?

Many of you may have heard about Kesha’s law suit against her producer Dr Luke’s Kemosabe Records. As a brief background, Kesha filed a lawsuit against the company in October 2014. She sought that her contract with the company be terminated on the basis that continuing to work there would be an immediate threat to her life due to the sexual abuse she experienced from Dr Luke commencing in 2005.
At present, the sexual abuse allegations have not been proven but if it is proven, the contract with Kemosabe Records may be invalidated on the basis of frustration of contract (i.e. the contract cannot be fulfilled due to one or more party’s actions).
There are those saying that Kesha simply filed the lawsuit and is making these allegations on the basis that Kesha is trying to get out of a major recording contract. Others say that it is horrendous that Kesha is being forced to work with the person she alleges sexually abused her.
This case is one that our firm would recommend for shuttle mediation. We, as mediators, believe that this matter has:
1) Multiple options that can be generated as solutions
2) Significant concerns that could and should be addressed (if possible) outside of a Court forum
3) Capacity for resolution by agreement
There are multiple ideas that could be explored such as:
1) The cost of Kesha and Kemosabe Records looking at the cost of buyout for the remainder of the recording contract and determination if a payout figure could be determined;
2) The possibility of Kesha working with a different producer exclusively at Kemosabe Records (instead of Dr Luke, and we understand that this has been raised as a possibility); and
3) Safety measures that could be put in place that both parties feel safe in their work environment.

There many other options that could be generated and explored during mediation.

Matters like these, in our view, could benefit from mediation as it would be more cost effective, it would allow both parties to be heard in a confidential environment and the parties may be able to reach an agreement in a more expeditious manner than they would going through the Court process. As it stands, this matter has already been in the Court system since 2014 and it could realistically be many more months or years before a final decision is made.
Mediation has the benefit of allowing the parties to reach an agreement amongst themselves so that each party feels empowered and feels as though they have had a say in the final resolution. When situations like this come about and there are two very different positions, a myriad of potential solutions, very serious allegations and significant amount of monies at stake, mediation often is a preferred solution. It can assist in ensuring the incurrence of minimal costs to all involved, minimal information being released to the public to protect all involved and can potentially assist in resolving communication and/or relationship issues where each party is given a chance to be heard.

If you would like to know more about mediation and different options on how to resolve a dispute that does not involve litigation or the court room, contact Claire Naidu & Co, Lawyers and Mediators. Click here for our details.

Article by: Kavina Mistry (Accredited Mediator and Lawyer)