Mediating Sports Disputes: National and

This is the first book to explore extra-judicial settlement of sports disputes through mediation. It reflects the growing interest in and importance of alternative dispute resolution methods for settling sports-related disputes, at national and international levels. As sport has developed in recent years into a global business, the number of disputes has risen exponentially and the need for alternative forms of dispute resolution has grown significantly too. This book adopts an essentially practical approach, but also provides an explanation of the theoretical background to the subject.

Ian S. Blackshaw is a member of the Court of Arbitration for Sport (CAS)

Foreword

v

Judge Keba Mbaye

Preface

vii

Acknowledgements

ix

List of Acronyms

xv

General Introduction

1

(2)

The Business of Sport

1

(1)

The Need for Alternative Dispute Resolution Mechanisms in Sport

2

(1)

The Courts and Sports Disputes

3

(4)

Generally

3

(1)

The Position in England

3

(1)

The Position in the US

4

(1)

The Position in Canada

4

(1)

The Position in the European Civil Law Countries

4

(3)

Generally

5

(1)

Switzerland

5

(1)

Spain

5

(1)

Italy

6

(1)

Alternative Dispute Resolution (ADR)

7

(14)

What is ADR?

7

(1)

Generally

7

(1)

The 'Woolf Reforms' in England

8

(1)

Advantages of ADR

8

(10)

Forms of ADR

18

(3)

Conciliation

18

(1)

Mediation

18

(1)

The Mini-Trial

18

(1)

Neutral Evaluation

19

(1)

Expert Determination

19

(1)

Med-Arb

19

(2)

Mediation in General

21

(6)

Introductory

21

(1)

Advantages of Mediation

21

(1)

The Concept of Mediation

22

(1)

What is Mediation?

23

(1)

Common Concerns about Mediation Answered

23

(1)

When is Mediation Appropriate

24

(1)

When should a Dispute be Referred to Mediation?

25

(1)

Dispute Management

25

(2)

Mediation in Practice

27

(12)

How to start a Mediation

27

(1)

Qualities required b a Mediator

28

(3)

Generally

28

(1)

Particular Qualities

28

(2)

Professionality of Mediator

30

(1)

Codes of Conduct

30

(1)

The Agreement to Mediate

31

(2)

CPR European Model Mediation Agreement

31

(2)

`Ground Rules of Proceeding'

33

(1)

How to prepare for Mediation

33

(1)

How Mediation works in Practice

34

(3)

Getting Started

34

(1)

The Role of the Mediator

34

(1)

General Steps in the Mediation Process

35

(1)

The Role of the Parties in the Mediation

36

(1)

The Costs of Mediation

37

(2)

Mediation 'On Line'

39

(10)

The Rise of the Internet

39

(7)

Telephone Mediation

46

(1)

Internet Disputes Mediation

47

(2)

Mediation by Sports Bodies

49

(68)

Introductory

49

(1)

The Court of Arbitration for Sport (CAS)

50

(44)

General Introduction

50

(11)

Cas Mediation Service

61

(1)

Cas Mediation Rules

62

(1)

Cas Mediation Costs

63

(1)

Cas Mediation Symposium

63

(31)

The UK Sports Dispute Resolution Panel (SDRP)

94

(7)

Background

94

(1)

SDRP Mediation Rules

95

(2)

SDRP Advisory Opinions

97

(1)

SDRP First Two Years' Report

97

(4)

Final Comment

101

(1)

The Australian National Sports Dispute Centre (NSDC)

101

(10)

Background

101

(2)

Legal Status of the NSDC

103

(1)

NSDC Mediation Services

103

(1)

NSDC Dispute Resolution Clauses

104

(1)

NSDC Mediation Agreement and Procedure

105

(2)

Role of NSDC Registrar

107

(1)

NSDC Mediation Costs

107

(1)

Sports Disputes Mediated

108

(1)

Mediation in 'Racial Vilification'

108

(3)

Other matters handled by the NSDC

111

(1)

The FIFA Football Arbitration Tribunal

111

(6)

Background

111

(1)

FIFA Circular No. 769

112

(2)

The International Court for Football Arbitration

114

(1)

Final Remarks

114

(3)

American Arbitration Association (AAA)

117

(28)

Background

117

(1)

Should CAS replace AAA?

117

(7)

Article 74 of the Olympic Charter

124

(1)

International Sports Arbitration Generally

124

(21)

The International Chamber of Commerce (ICC)

145

(24)

Introductory

145

(1)

ICC Mediation Service

145

(3)

Background

145

(1)

ICC Mediation Rules

146

(1)

Advantages of ICC Mediation Rules

147

(1)

Why use ICC Mediation?

148

(21)

Mediation in Sports Disputes

169

(26)

Informal Survey on Sports Mediation by ISFS & NGBS

169

(12)

General Advantages of Sports Mediation

181

(1)

Case Study: The Woodhall/Warren Case

182

(1)

Other Sports Mediation Cases

183

(1)

Sports Mediation Limitations

184

(2)

Criteria for Mediating

186

(9)

Sports Mediation in the Peoples' Republic of China

195

(4)

Background to the New Chinese Sports Law

195

(1)

New Chinese Sports Mediation and Arbitration Body

196

(1)

Evaluation of Article 33 of the New Chinese Sports Law

196

(3)

Sports Ombudsman

199

(6)

Background

199

(1)

Advantages

199

(1)

The Role of the Sports Ombudsman

200

(3)

The Athletes Ombudsman

203

(2)

Evaluation of Sports Mediation

205

(4)

Final Remarks

209

(2)

Appendices - Documentation

211

(108)

Appendix I ADR Group Code of Practice for Solicitors

213

(6)

Appendix II ADR Group Mediation Procedure

219

(4)

Appendix III CPRR Institute for Dispute Resolution: Model Mediation Agreement: Europe

223

(2)

Appendix IV CPR Institute for Dispute Resolution: Model Mediation Procedure for Business Disputes in Europe

225

(4)

Appendix V The CAS Code of Sports-Related Arbitration Including The Advisory Opinion Rules

229

(12)

Appendix VI The CAS Mediation Rules

241

(6)

Appendix VII The SDRP Mediation Procedure

247

(4)

Appendix VIII The SDRP Model Mediation Agreement

251

(4)

Appendix IX The CEDR Code of Conduct for Mediators and Other Third Party Neutrals

255

(4)

Appendix X The SDRP Advisory Opinion Rules

259

(2)

Appendix XI The NSDC Standard Mediation Agreement

261

(4)

Appendix XII The NSDC Accreditation Policy and Application Form

265

(4)

Appendix XIII New Article 63 of the FIFA Statutes - The FIFA Football Arbitration Tribunal Rules

269

(2)

Appendix XIV The FIFA Regulations for the Status and Transfer of Players

271

(4)

Appendix XV American Arbitration Association International Arbitration and Mediation Rules

275

(16)

Appendix XVI ADR Rules of the International Chamber of Commerce

291

(8)

Appendix XVII International Paralympic Committee Protest Rules

299

(10)

Appendix XVIII Sports Law of the People's Republic of China of 29 August 1995

309

(10)

Select Bibliography

319

(1)

Table of Cases

320

(1)

Index

321

(4)

About the Author

325

(2)

Previous publications by or in cooperation with Asser International Sports Law Centre

327

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Mediating Sports Disputes: National and International Perspectives

Summary

Author Biography

Table of Contents

Supplemental Materials