The decision by a mediator to withdraw from its role as ‘mediator’ demonstrates one key aspect of mediation that any party to a mediation can exercise (including the mediator) without any direct repercussion ……. and that is the right to walk away at any point....
Whilst it's welcome to hear that sport increasingly supports and utilises mediation, BUT the role played by the likes of in-house legal teams in sports organisations, their mediation understanding and the way in which they practice mediation is increasingly concerning in some cases....
In the absence of the suspended (FIFA) Agents Chamber, the question has to be asked as to where this leaves agents, their clients (whether players, managers/coaches, or even clubs) and any other related football party as and when a dispute arises – and ultimately does the suspension of article 20...
One of the biggest frustrations and concerns for many football participants (e.g. players, agents, managers, clubs) comes in regard to what happens if they are engaged in a dispute with another football participant. Can Football Participants Opt Out of Seemingly Prescribed Dispute Resolution Mechanisms?...
The FFAR dispute between FIFA and football agents could have been resolved (if not largely averted) long before now – and in a far more timely, efficient and cost-effective manner. That is if the values, attitudes, timelines, planning and approaches of all parties to the FFAR dispute had been better...
Some mediators may well believe that mediation can solve every dispute;but that is simply not the case, due to the variables that may exist in any dispute. All affecting when mediation is feasible in sports disputes, and when it is not?...
We need to appreciate that there is a vital and invaluable ingredient for mediation. This is one not brought about by the mediator(s), but by all parties to the mediation (most notably the disputants) …. and that is the crucial ingredient of ‘good faith’....
When the term 'equality of arms’ is used in the same context as mediation, it immediately prompts consideration as to whether mediation was a very useful, if not the ultimate tool in providing an ‘equality of arms’ in a dispute....
