The most exciting way to resolve sports disputes is mediation. This legal method has become so common that even courts order it when the disputant and respondent file a lawsuit without mediation. So let us look at five interesting facts that relate to sports mediation.
What exactly is mediation?
Mediation is a method by an impartial person (i.e. unconnected to the parties in the process) assists players, team officials and officials, as well as business professionals who have reached an impasse, to restart negotiations and work towards an agreement on their dispute or disagreement.
In contrast to arbitration and litigation that typically seek to get the parties back into the same position as they were prior to they had a dispute. Mediation aims to bring as broad an array of possible solutions as parties are willing to discuss on the negotiation table. In addition, it is mediation, it helps parties to understand each other’s fundamental personal, commercial and legal goals, and also aid in the development of stronger and more lasting relationships between business.
- Although mediation is considered the best option for resolving sports disputes, mediation can be arranged only with the consent of involved parties. Due to this reason, some players do not use it as their first option for sports disputes resolutions. However, when they look for other options and choose to proceed with either arbitration or litigation, these options cost more. The judges listening to the case will ask if they have mediated with the other party or not. In cases where the case is filed without negotiating first, the judges may order you to go for reconciling process. However, in such cases, most parties attend the mediation sessions as if they simply want to call their attendance to satisfy the court’s order.
- Never underestimate a mediator’s skill because it is a widespread understanding between experts of the sports law that mediator skill is the most important thing for the success of a mediation session. For example, when one or both parties are unwilling to mediate after the initial discussion, they may say that they have attended the event only to satisfy the legal order of the court and leave. However, when your mediator is skilled, he will carefully guide the discussions. As a result, he can take a path that will bring both parties to connect and help them play a constructive role during the dispute resolution process. So, with the help of a mediator, you can reach the root causes behind your misunderstandings and think about what can be done to resolve the dispute by making compromises.
- Although mediation is an excellent way to know your differences with the other party, none of the arguments made or evidence produced to support the discussion are permissible during later court proceedings. So, it would help if you were very careful when you will reach the court after running away from the mediation process. Everybody is expected to destroy the whole proceeding details if mediation sessions are unsuccessful. So even trying to reuse such stuff in the court proceedings will weaken your case. Together it means that you have to be tactful when you express your standpoints the next time. The other party will also have learned from your arguments during the mediation session, so they will already have a powerful narrative to counter your arguments.
- Mediation is the cheapest way to resolve disputes in sports. The court proceedings will require you to hire an attorney and pay his fees for presenting your case. He will be paid as many times as the court hearing your case. And these amounts are in addition to the court fees. The arbitration fees are also very high. So while you may still have to pay some amount to settle disputes through mediation, this cost is often lower than the other two dispute resolution options.
- The most significant benefit of mediation is that relationships get preserved in the sports dispute’s resolution process. Nothing goes out of the room without the permission of everyone involved in the dispute. Plus, the arguments made and notes written are not permissible in courts, which means that only the final agreement will reach the public in cases that mediation becomes successful. So there is no need to worry about gossip.
Is there a role for legal representatives?
In sports-related mediation, the lawyer, whether external or in-house, plays a critical role.
To begin, it is critical that a party entering mediation understands its prospects and options if a negotiated settlement cannot be reached. To make an informed decision about whether there is a better alternative to settlement offers made at mediation, a party must have a thorough understanding of all the facts and risk factors affecting the case.
Second, the lawyer may be required to attend the hearing in order to demonstrate to the opposing party that the legal position presented has substance and should be taken seriously. Effective presentation skills are critical for establishing credibility and concealing flaws.