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Sport is big business which can involve some big disputes. Sport disputes strain working relationships and impact the performance of athletes and a team. Heated arguments are sometimes captured by the media and bring in bad publicity.
Sport disputes also generate a negative effect on fans and team spirit. A quick and cost-effective resolution method must be employed. Litigation is one choice. Mediation is another.
If you are struggling with a sport dispute, call Kanter Ostler Mediation today at (619) 304-2244 to discuss your case with an experienced sport dispute mediatior.
Sport disputes often occur between:
- Players and coaches
- Coaches and management
- Players and the front office
- Players and their fans
In some cases, millions of dollars might be lost unless each party involved iron out their differences immediately. A proven method for quickly and inexpensively settling sport disputes is mediation. Unique characteristics of this method present remedies for the many problems encountered by players and management in the field of sports.
Is mediation applicable for resolving sport disputes?
Sports cases mostly include disputes involving:
- advertising and product placement
- intellectual property theft and copyright
- privacy rights
- publicity rights
- drug testing
- safety issues
- clearance of rights
These cases may step into areas involving labor law, security interests, employment law, bankruptcy law, and agency law. Many sport contracts now require mediation before going to arbitration or to court.
Mediation can quickly and cost effectively resolve any type of disputes. Its success rate alone makes this method worth trying out. The American Arbitration Association reports that parties which submitted to its mediation program achieved an 80 percent settlement rate.
Mediation is ideal in settling sports disputes because it presents a forum for open communication which many sports negotiations lack. It provides privacy which encourages direct communication between the parties. It offers both sides a sense of confidentiality which is essential in preserving and even enhancing working relationships. Its neutral character is also instrumental in resolving conflicts.
The mediator’s role in a successful mediation
Mediation is led by a neutral third party called a mediator who works collaboratively with the parties to arrive at a mutual settlement. Two approaches can be used.
A caucus finds the mediator communicating privately with each party and its lawyer, away from the other participants. Employing shuttle diplomacy, the mediator goes back and forth between the negotiating parties until all sides can reach an agreement
A joint session brings the parties together at the same table to present their respective positions. An experienced mediator will control any heated rhetoric at the start to make sure discussions proceed amicably and smoothly.
If a settlement is reached, the parties draw up a written agreement with the help of the mediator. This agreement is binding on the parties once signed.
Contact Kanter Ostler Mediation & Dispute Resolution
Our mediation service provides an effective means of resolving sport disputes
where confidentiality and preservation of relationships matter. Contact us if you need a quick and less costly way of resolving a sport dispute.
Call Kanter Ostler Mediation today at (619) 304-2244 to discuss your case with our experienced sport dispute mediator.