an artist’s guide to conflict resolution
note: while originally written for writers, this advice applies across creative forms.
Whether you come to the publishing process cautious or optimistic, sometimes you just canʼt avoid a pitfall. If youʼve stumbled into delicate contract negotiations or fallen prey to online exploitation, all you want is a fair resolution. But how to achieve it can become about as obscure as that hole you just fell into. This advice will help you to dust yourself off and smooth things over.
Having recently scrambled out of a poetry-prize-turned-publishing-nightmare, I know all too well how easy it is for the ground to sink underneath you. In my example, early difficulties obtaining a contract descended into eighteen months of conduct and copyright issues. Thankfully that was an extreme case and one from which lessons can be lifted, because in those unexpected moments when the ground shifts, knowing what to do can be vital.
Out there in the creative field, pitfalls appear more often than you might think. Every week dozens of organisations and private consultants, including the Australian Copyright Council (ACC) and Publishing Consultant Alex Adsett (both interviewed for this article), hear from writers seeking advice. Iʼve wound their insights around those sifted from my own experience to tie together what I hope will be a handy survival guide.
So what do you do when the ground falls out from under you?
The best way to deal with conflict is to protect against it.
A good contract is your best bet. Get one in place before work begins. Even with the papers signed you can still wander into a dispute, but it is less likely. Contracts are like condoms. Itʼs better to have one and not need one, than need one and not have one.
When in over your head, reach out and get informed.
“If there are things that you donʼt understand … you need to ask questions,” says ACC Executive Director Fiona Phillips. Seek advice from peers, advisors, advocacy bodies and information portals. You want to know your rights and responsibilities, and the industry standard. Point out relevant resources to the other party if needs be.
Sitting down rarely changes the scenery.
Acknowledge when something isnʼt quite right and do something about it. Think about what you want to achieve and be proactive.
Identify the core of the matter.
Figure out what principles are at play. Then, find a way to honour them, both in what youʼre asking for and in what youʼre offering. Evaluate often.
Lift those lungs and speak up.
“Sometimes people are reticent to come forward and raise the issues … but I think itʼs just wise to get it all on the table” says Phillips. A disagreement is not necessarily a dispute and a question is not a conflict. Catching up over a cuppa might calm the situation. If that doesnʼt work, try not to brew on it. Move all communication into written form and write as if the world is watching. Voice your issues clearly and succinctly. If direct contact isnʼt working, speak to a higher power or seek mediation.
Listen to the other side.
“Different things are important to different people … work out where everybodyʼs dealbreakers are,” says Adsett. Hearing out the other party and why they care about something can bring you closer to an understanding. If theyʼre not communicating well, ask.
Keep any runaway expectations in check.
Sort the achievable from the ideal. Keep your expectations in line with what one might realistically expect from the individuals and industry involved. Donʼt ask for the world; just ask for your worth.
Sort rights from wrongs.
An artist should never be punished personally or professionally for acknowledging the worth of their artistic work. Decisions surrounding how a work is used rest with the creator, advises Phillips, “itʼs not somebody elseʼs right to take that choice away”. Respect everyoneʼs rights, not just your own, and be sure of the facts before making any allegations.
The aerial view is a top priority, weigh up the bigger picture.
“Itʼs a really small industry and we all have to work together,” says Adsett. So survey the landscape and embrace all that common ground. Spotlight the relevant and reasonable and refine the focus of negotiations toward the fair middle. Long emotional emails will drag you in. Solution-based thinking will lift you out.
If you want to fill a hole, thereʼs no use throwing in a grenade.
“Be professional and keep emotions out of it,” advises Adsett. By all means express any fury. Ferociously fling your limbs and exhale lung-lashings of expletives in private spaces. Process it out. Pin down the problem. Then, once composed, sit daintily fingered at your keyboard and write the most polite and practical response you can muster. Sleep first, then send.
Records recall what memory forgets.
Specifics are useful to check back on and very useful if, holy terrain forbid, things get heavy and you need a lawyer. Note down dates, times and key points of communications and events. Draw your records into a timeline. You may find yourself piecing together a ladder, reliable details stacking up like rungs between the storylines.
Be flexible.
Stretch out. Feel how far youʼre willing and able to move. Think about two extremes: your high ideal and the lowest place youʼll settle. Between these top and bottom lines is your comfortable margin of movement. “Compromise is certainly preferable to going to court,” Adsett says, because in court “nobody wins”.
As a rule, what happens in the hole is best left in the hole.
Be discreet. Though you may have a right to be vocal, deeply ponder the purpose and consequences of doing so. Going public is high risk. It can rip into your own reputation, bring up legal issues and is more likely than not to backfire. Respond to any questions if approached in person but online, avoid dishing up the dirt. Social media is a minefield. Whatever you do, donʼt feed the trolls.
Hostility will dig you further in. Personal attacks miss the point.
Donʼt reciprocate or engage if, by some sad turn of fate, it veers this way. Address what you feel necessary for your own peace of mind, then steer back toward the original concern. Keep communications direct if needs be, but stay civil.
Donʼt bury the hurt; it will tense your nerves like tripwires.
Holler out to those honest friends who invest more in wisdom than whingeing. Counselling can help to maintain balance when the ground you stand on is spinning. Find breath. Then find a way to laugh. Yes, I said laugh. If you can lift yourself back up, without pushing others down, youʼve struck upon gems most valuable.
Useful resources, organisations and advocacy bodies:
- Australian Society of Authors (ASA)
- Arts Law Centre of Australia (Arts Law)
- Australian Copyright Council (ACC)
- Copyright Agency
- Pay The Writers
- Small Press Network
- Australian Publishers Association
- Australian State and Territory Writers Centres
- Media Entertainment and Arts Alliance (MEAA)
- National Association for the Visual Arts (NAVA)
Falling without Floundering was first published by the Australian Society of Authors in Australian Author Online, Oct 2014, and The Best of Australian Author Online, Vol. 5, Mar 2015
photos: indigo eli
© Indigo Eli. Terms of Use.
indigo eli 
Pingback: Breaking Up | indigo eli
Thanks Indigo – keep up doing what you do 🙂
Great Information!
A help to every artist wrangling copyright issues…