The outcome of mediation in sports complaints resolution has always been an unpredictable thing. Sometimes, mediation could quickly resolve sports disputes. In contrast, in other situations, the sports disputes took too long to decide, and even the assistance of sports mediation services could not effectively speed up the dispute resolution process.
Those involved in a sporting dispute already can understand how many unpredictabilities can emerge due to the variable nature of sports contracts. For example, the legal terms of sports contracts usually bounce between commercial, individual, and collective labor laws.
And the extralegal factors like monetary and non-monetary gains, media interest, timings, social relationships, and supporters’ attention also influence the mediation process. All these factors can stop either one or both parties from reaching a commonly agreeable ground.
However, it does not mean that mediation has no advantages. On the contrary, it is still a practical legal process, and to explain its benefits, let us look at how mediation happens.
In general, where litigation and arbitration resolve sports disputes in open hearings, sports mediation’s most significant advantage is ensuring proceedings’ confidentiality. This secrecy often becomes the reason for preserving relationships between parties who have to get into arguments. And this is such a significant advantage that for the same reason, many sports associations across the globe have recognized sports mediation within their dispute resolution rules.
The success level of sports mediation varies significantly, however, concerning situations.
For example, some sports complaints are resolved in a single mediation session, and the other conflicts may take months. And in some cases, the parties have to reach the court to start the arbitration or litigation procedures because mediation cannot move them beyond knowing their differences.
Most such failures become avoidable if we engage experienced sports mediation experts to mediate for sports complaints resolution with another party. Using the experience of a sports mediation service means that you will benefit from their past knowledge of a similar situation. Especially when both parties entrench into their first stands, the mediation attorneys often find a way to move the needle in the mediation process.
Soccer is one of the most popular sports in the west. A mediocre football club and their coach had gotten into a dispute after the club lost a sponsor and ceased to pay the salaries of their coach, staff, and players. The club owner was the coach’s classmate and friend, so the coach waited until six payments became overdue. In the end, he had to seek arbitration at the court of the Czech Football Association finally. The club had faced a financial crisis, and this arbitration influenced their already fragile budget. The disputed payment was just around 1000 Euro, but the arbitrator offered a mediation window.
Although neither club nor coach understood what mediation was, they still agreed to it reluctantly.
During this process, the coach explained that money was not big, but after the financial stream dried, his wife would make scenes at home to stop him from spending time with football players. So, although the amount was small, it could still justify him.
The informal discussions to follow during mediation proceedings revealed that the coach could bring another sponsor for the club to help improve the worsening financial situation.
As a result, the parties could resolve a complicated dispute such that the coach not only managed to provide them a better sponsor but also left his claim. As a result, the club found a great coach who was self-motivated to succeed the club, which was due to mediation.
So, Sports Mediation is an excellent way to understand the differences with the other party in dispute with you. And parties can change their positions to resolve the conflicts with minor give and take.