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....
One of the main reasons for this is that the benefits of mediation are easy to identify and in essence can be applied to most disputes (whether in the sports industry or elsewhere). However, as I highlighted in the preceding articles, it requires both the parties in any dispute, and...
Just one such area where there seems to be more resistance than usual from some, is the sports industry, where I focus most of my efforts in dispute resolution as a professional mediator. And seemingly little has changed in 10 years, even though the fields of sports law and mediation...
One of the biggest frustrations of almost anyone in the mediation profession is the huge misunderstanding as to what mediation is amongst the broader community, let alone how the process works, the role of a mediator and the benefits of mediation. This misunderstanding is somewhat understandable to the general public;...
FIFA ‘throwing yet another hand-grenade’ into the already fractured and confused agent regulatory landscape, with circular 1873 announcing on 30th December 2023; the temporary suspension of several aspects of the FFAR worldwide - this will no doubt further exacerbate problems and confusion for many in the footballing world not least...
So, in endeavouring to bring mediation to the professional sports world and most notably football (soccer), my own journey has been one littered with huge frustration, bewilderment and annoyance at the seeming resistance of many to contemplate mediation or even understand it....
Football Agent Disputes Ready to Go from Busy to Overdrive - when those involved in football agent related disputes start to realise that there are alternatives to resolve disputes that save time, save money, puts them in control, and also undertake such processes confidentially ………… they will ‘wake up’ to...
Following the publication of FIFAs mediation guidelines in February 2023, and also some additional commentary and information gained from various webinars etc, I have developed serious reservations over time when it comes to FIFAs ‘mediation’ model and whether it is ‘true’ mediation or just a bumbling attempt at ‘arbitration on...
One of the biggest frustrations and concerns for many football agents is that of what happens if they become embroiled in a dispute with a client (i.e., player or club) or another football participant (e.g., another agent). This isn’t so much on the basis of the dispute alone, as this...
Without going into too much detail about the case; not least out of respect for the process I was fortunate enough to get first-hand experience of the Court of Arbitration for Sport (CAS / TAS). I was neither the claimant or respondent in the case; I was however requested to...
