Mediation is a consensual, non-binding, “without prejudice” process whereby a neutral third party assists the parties in dispute to reach a mutually agreed settlement without recourse to court or arbitration. Mediation differs from litigation and arbitration because a judge or arbitrator does not impose a binding decision on the parties. It enables the parties to work with the Mediator to come to their own solution. In Sport Resolutions’ experience mediation has helped to successfully resolve a wide range of sporting disputes:

• Disputes concerning payments arising from terminations of coaching contracts.
• Relationship disputes between athletes and coaches which are undermining sporting success.
• Disputes concerning payments due following terminations of commercial agreements.
• Disputes between sporting organizations over their rights and entitlements to govern aspects of their sport.

Mediation has a number of advantages over litigation processes:

• Consensual – parties must agree voluntarily to enter into mediation. It cannot be forced on one party by the other.
• Successful - over 85% of cases referred to Sport Resolutions settle. It is a proven winning formula.
• Quick - most mediations are arranged within a few weeks compared with months or sometimes years in the case of litigation.
• Cost effective – mediation saves considerable management time and legal costs.
• The parties retain control – the parties are involved in the decision making process and do not hand over control to a judge or arbitrator.
• Mediation can maintain sporting and business relationships far more effectively than litigation because it is a non-adversarial process which facilitates communication between the parties.
• A wide variety of settlement options can be achieved in mediation over and above monetary settlements. At the end of the process these can be written into a settlement agreement that is binding on the parties.
• Informal and flexible – mediation is a common sense and straight forward process of negotiation.
• Without Prejudice – parties have nothing to lose in trying mediation. Litigation can commence or continue if mediation is unsuccessful and nothing revealed in mediation can be used in any subsequent court or arbitration proceedings.