The sports sector has a major hold in many countries and helps enhance the GDP. Globally, the sector is known for contributing 3% of the total GDP. Hence, the stakes are pretty high over here. Also, the popularity of various sports has pushed the players to be under that constant limelight.
All these factors add to the demand for moral laws, rules, and regulations related to proper conduction and fairness in sports activities. Amongst all these things, if there is a dispute, it harms the confidentiality of the event and the matter and places the reputation and career of a sportsman at stake.
Sports has gained importance as a commercial entity. Whenever there is a dispute, it becomes important to address and resolve it before it enhances the concern of the people involved. Also, their careers can be jeopardized if there is any delay, which can harm their future in the game.
Initially, arbitration was considered the best way to cater to such problems. It was also because of its enforceability, as it gained support from the Geneva Convention and New York. However, while signing the Singapore Convention in 2019, it was discussed that mediation has the same structure as arbitration, and there are no issues related to enforceability.
Hence, it now becomes the discretion of the signatories to the convention where they want to go for mediation or arbitration as a matter of effect in their countries.
There is no single issue that occurs in sports. The issues are different, including labor issues, broadcasting rights and disputes, disciplinary problems, and cordial relationship management disputes. Mediation helps in providing resolutions for them.
The main idea behind considering mediation is that the mediator is an impartial and unbiased party who listens to the issues and contentions of both parties. Loyal and professionally experienced people will help disputants find a ground to solve the issues. In the business world, the mediator helps in agreeing to a mutually beneficial agreement with all parties, and the process is quick.
Hence, mediation has a proven record of success, which is now applicable to the resolution of sports disputes.
Once you know that mediation works, you can outline a series of advantages that the mediation platforms like sportsmediationservice.org.nz offer in solving sports disputes. Some benefits are as follows:
Sports are not limited to players but extend to the fans who grow up supporting their favorite team and player. Hence, there is a high risk of breach of privacy whenever there is a dispute. Intermediaries are in search of juicy information to leak for money. It causes many issues on the personal and professional front of the sportspeople whose name is involved in the dispute. Mediation emerges as the perfect solution to address these problems. There is no special attention or coverage; you can get rid of the matter by maintaining your privacy and confidentiality.
In sports events or any other field experiencing issues, the legal way is a common source to seek justice. However, the function works because one party wins and the other loses. It is based on evidence and proof. The risk is greater over here. Also, it is about your attorney’s way of presenting and forming the cases and issues. But if you suppose that, you might be wrong if you think the same process is followed in mediation.
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This article was first published in "Employment Update", a newsletter of Bullivant|Houser|Baily. Winter 2001, Volume 6, Number 1.The Americans With Disabilities Act (“ADA”) requires employers to reasonably accommodate the disabilities...By Clay D. Creps, Douglas R. Andres