Who Benefits From Football Mediation ?
Mediation provides a valuable service to many different individuals, groups and organisations in the football industry.
This could be through player-agent disputes, intra agency disputes, club to club disputes, disputes of a commercial nature or even internal disputes within an organisation.
Quite often the application of mediation in the dispute can help in rebuilding relationships through a mutual settlement agreement, whereas the application of arbitration or litigation typically results in a ‘winner and loser’ outcome leaving one party unhappy and a damaged relationship between the parties.
If any proof was needed that mediation had a place in football and was applicable to so many football stakeholders, participants and affected parties, this is evident in FIFAs move towards mediation as an approved and effective mechanism for resolving disputes.
Rather than just arbitration, FIFA have introduced mediation mechanisms to their own dispute resolution processes and the new Football Tribunal. This enables disputes that may otherwise be heard in the Dispute Resolution Chamber, Agent Chamber and Player Status Chamber to be resolved quickly and cost effectively.
In addition to this, in 2021 FIFA started to establish a FIFA mediators panel, as they recognised the benefits of mediation.
Players
Football players are often ‘sheltered’ or ‘protected’ from disputes so that they can concentrate on what they do best, and perform on the pitch.
However, when disputes do arise for players, it is beneficial for them to resolve such disputes as quickly as possible to limit potential damage to their playing profile and also maximise their playing career; not least as the latter is acknowledged to be comparatively short.
Whilst the temptation for players is to resolve disputes through the actions of others or to simply make disputes and similar matters ‘go away’ through financial weight, quite often this is not the best choice for the player. By utilising mediation to resolve disputes, both current and potential, a player may find this their best tool to limit damage to their reputation, finances and professional career.
Agents (& Intermediaries)
Sentinels long standing experience and knowledge of the football agent industry, the regulations and the overall landscape leaves us in an ideal position to assist agents in their disputes. Whether they be disputes involving a player, clubs or even other agents and third parties.
In addition to finance, three of the most valuable commodities for football agents are time, reputation/standing and influence; and as such a dispute and the effects of a dispute (both during and after) can greatly affect those three commodities for an agent.
Taking on mediation, allows for a football agent to resolve a dispute quickly and thus focus on important matters in a time-crucial industry, maintain good standing and reputation through the element of confidentiality, and also work to maintain relationships and influence even after a dispute with others resolved through mediation. All, in a metaphorically ‘small’ industry where influence, relationships and reputation are key to successful business.
This alternative dispute resolution mechanism (mediation) allows the parties to put an end to their controversies with the assistance of a mediator in a swift and efficient manner.
As part of the constant effort to modernize and provide efficient service to parties and stakeholders, FIFA has recently included the possibility to solve the parties’ disputes through mediation.
Football Clubs
Whilst there are many avenues for clubs to resolve their football disputes both internal (e.g., players) and external (e.g., other clubs), these can be complex, time consuming and above all, costly. Mediation undertaken by a professionally accredited mediator with an awareness for the sports and football landscape, allows for clubs to settle disputes in a cost effective, time efficient and confidential manner.
Because of the intense interest of the public and fans, along with media scrutiny, quite often disputes are portrayed inaccurately in the process up to any hearing; thus by employing mediation at an early stage the dispute can often be resolved before intense scrutiny.
This effectively gives an ‘undisclosed’ status to any dispute and subsequent mediation process, akin to an ‘undisclosed transfer fee’ that helps maintain a competitive advantage for the club, or indeed unwanted criticism.
Club Officials
Despite what many believe, that once the season is over many club officials at football clubs can slow down and maybe even take a holiday (like the players), nothing can be further from the truth. In many cases there is little time for club officials to take a breath either in-season, out-season, pre-season or post-season; as in their roles, these periods ‘blur into one’.
Therefore, when disputes arise it is an unwanted and unnecessary distraction for club officials, whether or not it falls into their remit (e.g. inhouse counsel, legal director). Whether it be a large club with extensive resources and staff where matters can be more complex, or a smaller club with less resources and often club officials ‘wearing more than one hat’ – disputes are an unwanted distraction, and expense.
This is where the appointment of an independent mediator can help achieve a resolution to a dispute whether internal or external, working with club officials as the one ‘disputant’ (representative) to undertake a successful mediation and bring about an agreement with the other disputant; and ultimately remove one less task from the pile for the club official. In addition to this, with an internal dispute, a club official trying to resolve a dispute may be accused of being conflicted in the dispute resolution process and thereby a independent mediator can remove this factor, as well as remove the burden from the club official.
Football Groups & Associations
Whilst there are many avenues for clubs to resolve their football disputes both internal (e.g., players) and external (e.g., other clubs), these can be complex, time consuming and above all, costly. Mediation undertaken by a professionally accredited mediator with an awareness for the sports and football landscape, allows for clubs to settle disputes in a cost effective, time efficient and confidential manner.
Once again, such disputes are often unnecessary and a distraction for those involved, and in football it is surprising to learn that the disputants often have more shared interests and agree on things than those matters in which they are in dispute over.
We firmly believe that mediation has an integral place in addressing such disagreements and resolving disputes between football bodies; rather than the dissemination in the media of unfavourable and potentially damaging information, that in some cases the descent into damaging accusations and ‘mud-slinging’ does little more than strengthen the dispute.
Commercial Sports Entities
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