News & Views
Football Mediation
The ‘Weapon of Last Resort’ in a Mediator’s Toolkit :Withdraw from the role of mediator?
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
01 December, 2024
The Problem of ‘In-House Mediation’ in Sport, and the Risk of Damage to the Plausibility of Mediation
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 incre
06 September, 2024
Has The Suspension of FIFA’s Agents Chamber Left Football Agents & Those in Agent Related Disputes ‘Sidelined’?
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 – a
26 August, 2024
Can Football Participants Opt Out of Seemingly Prescribed Dispute Resolution Mechanisms?.
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
21 August, 2024
Mediation in the Dispute Between Agents and FIFA: Would or Could It Ever Succeed?
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
12 August, 2024
Where is Mediation Applicable in Sports Disputes, and Where it is Not?
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?
02 August, 2024
The Priceless Ingredient in Mediation …… ‘Good Faith’.
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 fa
27 July, 2024
UK Football Regulator Risks Missing a Mediation (and Med-Arb) Opportunity?
The UK Government's 'Independent Football Regulator' (IFR) is missing out on an opportunity to employ mediation to resolve what is in essence a ‘dispute’ (although it may be presented by some as a negotiation). A renegotiation of the deal between the
03 June, 2024
Is The Biggest Threat to the Growth of Mediation, Actually Mediation?
Following my move into the mediation profession, I have noted several factors that I believe are evidence of the growth of mediation being stifled, if not an element of self-destruction somewhat from within. This article may seem pretty much a parado
14 May, 2024
Mediation – the Ultimate ‘Equality of Arms’ in a Dispute?
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.
01 May, 2024
Why SHOULD Sports Lawyers Embrace Mediation?
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 bot
16 April, 2024
Why Don’t Sports Lawyers Embrace Mediation, If Not Even Shun Mediation?
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
09 April, 2024
Are Some Members of the Legal Fraternity Amongst the Biggest Hurdles to 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. Th
02 April, 2024
FIFA’s Temporary and Partial Suspension of FFAR Leads to Yet More Confusion and Potential Disputes
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 f
31 December, 2023
A Chink of Light in a Frustrating Year for Mediation in Football
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 mediat
29 December, 2023
Football Agent Disputes Ready to Go from Busy to Overdrive
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
14 December, 2023
FIFAs Mediation – ‘True’ Mediation or Arbitration’ on the Cheap’?
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 a
12 July, 2023
Can A Simple Clause for Football Agents Save Time, Money and Headaches with Disputes (for both the agents and their clients)?
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
07 July, 2023
First Experience of CAS – ‘Eye Opening’, Including the Comparisons to Mediation
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
04 July, 2023
Disputes in a Football Transfer Window – The Perfect Arena for Mediation
The ‘transfer window’ is both a very time-limited and covert world), as well as the successful ‘deals’, transactions and transfers that are concluded - it is very rare for there to be full insight into the failed transactions, their causes and all th
28 June, 2023
‘The Donkey and the Tiger’ – A Story of Mediation, Arbitration, Med-Arb or Arb-Med?
The worst waste of time is arguing with the fool and fanatic who does not care about truth or reality, but only the victory of his beliefs and illusions. Never waste time on arguments that don't make sense... There are people who, no matter how much
26 June, 2023
Could The Uncertainty of this Transfer Window Sow the Seeds of Confusion, Conflict & Disputes (with FFAR)
Could The Uncertainty of this Summers Football Transfer Window with the New Football Agent Regulations Sow the Seeds of Confusion, Discontent, Conflict and Disputes
17 June, 2023
Pro-Bono Mediation: Can It Really Work Without ‘Skin in the Game’ (especially in professional sports, such as football)?
Pro-Bono Mediation: Can It Really Work Without ‘Skin in the Game’ (especially in professional sports and football)?
07 June, 2023
BATNA, WATNA and (M)LATNA meet FIFA … and the Disputed Football Agent Regulations
I haven’t suggested the possibility of mediation to the dispute between FIFA and Football Agents over new regulations for my own benefit as a mediator – although in a perverse kind-of-way, I would relish being part of the assigned mediation team in t
01 May, 2023
Mediation in Football Agent Disputes – A ‘Minefield’ of Hurt, Ego’s and Resentment
What many fail to realise, is that disputes between agents can have a considerable effect on many other football participants and stakeholders (not just agents), whether directly or indirectly. As such, it cannot be underestimated how important it is
27 April, 2023
Does Football Avoid ‘Airing its Dirty Washing in Public’ with Fixed and Prescribed Dispute Resolution Options?
Through fixed & prescribed mechanisms for dispute resolution and disciplinary matters, football endeavours at almost every level not to ‘air its dirty laundry in public’.
17 April, 2023
Player and Agent Disputes – When it all ‘turns sour’, can mediation help maintain the delicate balance between harmony and acrimony?
Player and Agent Disputes – The relationship between a footballer and their agent is a delicate balance between harmony and acrimony. When it all ‘turns sour’, can mediation help?
02 April, 2023
Should Football Give Up on Regulating Agents and Defer to Common Law and the ‘Law of Agency’?
Is it best that the football authorities (including FIFA) finally decide ‘enough is enough’ and ‘step back’ decisively on the matter of regulating football agents and football agent activity? And thus allow for Common law (or the law of another count
20 March, 2023
What Chance has Mediation Got in Football, When its Elder and Stronger Sibling is Still Misunderstood?
Despite all the merits of mediation and the undeniable benefits that mediation can bring to the football world (and it’s numerous and varied disputes), I still have doubts as to how well it will be received and thus adopted, both in the short and lon
18 March, 2023
Football Mediation – We Are in the Business of Score Draws
Mediation in football disputes helps secure that well deserved point, rather than one party (or both parties) suffering an unnecessary loss. In many football disputes, the judgement or outcome from a dispute again usually results in a winner and lose
13 March, 2023
Mediation Can Give Young Footballers a Second Chance
Disputes around the release, retention and subsequent compensation due to a club over the development of young footballers can be resolved through various football dispute mechanisms but such mechanisms often have a high cost, and are more damaging t
03 March, 2023
Have FIFA and Football Agents Backed Themselves into a Corner?
Although the relationship between football agents and the football authorities (including FIFA) has always been far short of congenial and friendly, there has been a begrudging level of tolerance (to a degree) over the years. Sure, some posturing and
24 February, 2023
Can Football Expect a ‘Tidal Wave’ of Agent & Player Disputes?
Changes to FIFA's football agent regulations could result in many disputes between players and agents - the dispute resolution mechanism that will help settle the raft of inevitable disputes between football agents and players (plus managers/coaches
19 February, 2023
