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Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
AUTHOR: KAARTHIK BALAJI
Mediation is an effective alternative to Litigation in dealing with Sports Disputes. Mediation is a mechanism of resolving disputes by a neutral third party known as a Mediator. Commonly the procedure of Mediation has been proven to be a successful one in resolving sports disputes. The Disputes raised have been mutually solved and emerged in repairing and preserving relationships.
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TYPES OF DISPUTES ARISING IN SPORTS-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Funding dispute
Funding dispute is raised when there is a lack of proper allocation of funds for the conduct of sports events by the Government or the federations.
Team selection dispute
The second type is the Team selection dispute. This is one of the common disputes raised when the actually meritorious players aren’t selected and when the selection is unfair.
Disciplinary disputes
The third kind is a Dispute raised pertaining to the use of drugs. All committees and sports councils have a code of ethics and discipline. One of the severe violations is the use of doping powders and prohibited drugs. Disciplinary disputes arise pertaining to the use of the same.
Administrative and Governance Dispute
The next kind is Administrative and Governance Dispute. The council and federations have a set of codified rules and administrative policies and a Dispute arises if there is any violation of the same. These are some kinds of disputes raised.
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DISPUTE RESOLUTION MECHANISMS-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
The various Dispute resolution procedure is Litigation or Sports Committees. Other mechanisms include Alternative Dispute Redressal processes such as Arbitration, Mediation, Negotiation, etc.
In addition, the dispute raised is also solved by way of disciplinary committees and boards. In India, there is no legislation which regulates sports at present. In the case of the Olympic Association vs the Union of India, the National Sports Development Code which was passed in the year 2011 was upheld. It talks about transparency and the proper functioning of the Sports Federations in India to avoid disputes.
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ALTERNATIVE DISPUTE RESOLUTION IN SPORTS-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Alternative Dispute Resolution has been accepted widely for the resolution of sports disputes. The two mechanisms which are primarily dealt with resolving disputes are Arbitration and mediation.
In India, many attempts were created in making ADR process for the resolution of disputes. These attempts include the establishment of the Indian Court of Arbitration for sports.
In addition, the Alternative Dispute Resolution body was set up by the National Sports Federation. Sports Arbitration Centre of India was recently established in the year 2021 and primarily refers cases to Arbitrators having special knowledge for peaceful resolution of disputes. In Rajiv Dutta vs Union of India, the Hon’ble Delhi High Court viewed the obligation of having Arbitration clauses in contracts signed related to sports.
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ROLE OF MEDIATION IN SPORTS DISPUTE-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Different kinds of issues are being raised in Sports which include disciplinary problems, labour issues, management dysfunction etc. These disputes can be easily resolved by Mediation being an unbiased and neutral mechanism.
Mediation helps in achieving stable and mutually acceptable solutions. Mediation also creates a broader impact on the parties in the resolution of disputes and the proceedings create enhance respect among each other for a later settlement.
The conduct of Mediation happens effectively, and expeditiously within a few hours or days of the filing of Disputes. Mediation also emerges as an effective Dispute Resolution process at sporting events such as the Olympics, Commonwealth games, World cup etc.
Mediation produces high settlement rates and creates positive impacts on disputes raised relating to sports. Since the proceedings happen with an experienced Mediator with prior knowledge, the dispute can be resolved easily. One of the examples is the Lockout of National Hockey League 2012 – 2103, the labour dispute raised was mutually solved by Mediation.
PROCEDURE OF MEDIATION IN SPORTS DISPUTE-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Generally, information regarding the procedure of the proceedings related to Mediation sessions will be provided by the Mediator who is in charge of resolving the disputes. An agreement duly signed and written with a clause that the Mediation is still a voluntary process and parties still have the right to withdraw from the same.
The parties will also be clarified about the Mediator and their essence of impartiality. In addition, lawyers can also participate with the parties but with the maintenance of confidentiality a condition that lawyers should propose only mutually acceptable solutions rather than a one-sided solution.
The mediation starts as a joint session where both parties are allowed to present the facts of the case and their interests. The Joint session will be continued by a caucus meeting where the parties are allowed to interact and explain the facts of the case individually.
Parties when they wish to convey the interest which they intend not to be known to the other party can be presented in these caucus meetings. Confidentiality will be maintained in this regard. After the joint session and caucus are finished, Mediators start to find solutions and propose the mediation agreement.
CHALLENGES FACED MEDIATION IN SPORTS DISPUTE-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Many challenges have been raised pertaining to the Mediation of Sports Disputes.
The first challenge is seen as the jurisdiction of sports disputes. When matters pertaining to sport, many international players take part in the event and any dispute is raised, the question of where the mediation session should occur and whether the mediator will have jurisdiction over the same.
The second challenge is some cases raised are not capable of mediation. For example, the resolution of doping issues should not satisfy alone the parties but rather the ethics policy and conduct of the programme as well.
The third challenge is seen as the involvement of multiple parties. In some instances, the dispute may arise between teams and the solutions crafted must satisfy not only the team but also the parents, coaches, lawyers etc. This difficulty arises especially in injury cases.
The fourth challenge is high stakes. High stakes are since the players train themselves for more than years and during the session, if simply the players aren’t allowed to appear for the match, then the pain and hard work for years will be in vain. Hence due diligence is required in handling the same.
ADVANTAGES OF MEDIATION OVER OTHER REDRESSAL IN SPORTS DISPUTE-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Compared to other mechanisms, Mediation emerges as a private and confidential mechanism. Since sports involve fans as well, the decisions given can influence the fans as well and there can be a breach of privacy as well.
But Mediation tries to maintain privacy and confidentiality. Mediation can be arranged very quickly and emerge as cost-effective as well.
Mediation provides an opportunity to maintain an ongoing relationship between parties and also the parties have full control over the process.
The parties can make decisions and draft solutions and mediation assist the whole mediation process. Unlike Litigation and Arbitration where the proceedings happen in a win-lose matter, mediation happens in a solution-oriented mechanism. These are some of the advantages of Mediation over other mechanisms.
CONCLUSION-Mediation in Sports Disputes-Sports Mediation-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
The dispute raised creates a moral impact. Hence the need for an effective and speedy Dispute Resolution mechanism is in need. This is one of the reasons behind the emergence of Mediation of Sports Disputes.
Mediation allows parties to undergo the procedure and the major success is the maintenance of the relationship between the parties. This helped in the success rate of Mediation in handling sports disputes and also emerges as a reward.
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