Sentinel Sport & Mediation

Number 9 in the series listing a selection of the 'excuses' given for not considering mediation to resolve a dispute ....... and why these are often misguided 'excuses' rather than valid 'reasons'. Excuses of those involved in a #dispute for not considering mediation : ❌ "I don’t understand what mediation will actually do for me." ✅ A mediator should provide a clear overview of the process and potential benefits. ✅ In most cases the mediator will undertake a pre-mediation process with those parties involved in the dispute. ✅ The EU Code of Conduct encourages mediators to clarify the process, so that disputant parties feel fully informed and in control. Excuses of a Lawyer or Legal Adviser for not considering mediation : ❌ "The mediator won’t understand the case." ✅ Mediators can be chosen based on relevant expertise. ✅ In some cases, a benefit can be for the mediator to not understand the technical or legal details. ....... why are so many still reluctant to consider #mediation in resolving the #disputes that they are involved in? ~ Sentinel Sport & Mediation . #SportsLaw #sportLaw #SportsDispute #SportMediation #DisputeResolution #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation

Another selection of some of the 'excuses' given by lawyers, solicitors and also their clients, for not considering mediation to resolve a dispute ....... and why these are often misguided 'excuses' rather than valid 'reasons' (number 8 in the series). Excuses of Lawyers, Solictors & Advocates for not considering mediation : ❌ "Mediation will delay any resolution." ✅ Mediation is generally faster than court proceedings. ✅ Mediation often takes weeks rather than months or even years. ✅ Mediation can be undertaken whilst other proceedings are ongoing, OR ✅ A stay in proceedings may allow for mediation (without restarting proceedings). Excuses of those in #dispute for not considering mediation : ❌ "I want a clear win, not a compromise." ✅ Mediation produces outcomes where both parties are able to achieve their core interests. ✅ The aim of mediation is to achieve a "win-win" solution. ✅ Leads to longer lasting and more satisfying results. ....... why are so many still reluctant to consider #mediation in resolving their #disputes? ~ Sentinel Sport & Mediation . #SportsLaw #sportLaw #SportsDispute #SportMediation #DisputeResolution #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation

Number 7 in the series, listing some of the 'excuses' given for not considering mediation to resolve a dispute ....... and why these are often misguided 'excuses' rather than valid 'reasons'. Excuses of those in #dispute for not considering mediation : ❌ "I’ve already invested too much in this fight." ✅ Continuing the fight could escalate costs further. Mediation offers a faster, & less costly way to reach a resolution. ✅ In many cases, mediation represents a fraction of the overall costs in the dispute. Excuses of Lawyer, Legal Advisers and Advocates for not considering mediation : ❌ "Agreeing to mediation looks like giving in." ✅ Mediation is a proactive strategic decision to take control, rather than appear weak. ✅ Mediation is a calculated approach, that can work in the client's favour. ....... why are so many still reluctant to consider #mediation in resolving their #disputes? ~ Sentinel Sport & Mediation . #SportsLaw #sportLaw #SportsDispute #SportMediation #DisputeResolution #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation

Reasons Not To Consider Mediation ...... Not Many ! - No.6 : #Lawyer or Advocate's reasoning for not considering mediation : ❌ "Private issues shouldn’t be aired!" ✅ Mediation is confidential. ✅ Mediation directives enshrine confidentiality, ensuring privacy throughout. Parties in #Dispute's rejection of mediation : ❌ "I’m not convinced by mediation’s impartiality." ✅ Accredited mediators adhere to strict impartiality. ✅ Both parties have the right to agree a mutually acceptable mediator. ✅ Mediators are duty-bound to declare any potential conflict of interests. ✅ Such conflicts can be reported by the parties. .......why not consider #mediation for your #disputes? Sentinel Sport & Mediation #SportsLaw #sportLaw #SportsDispute #SportMediation #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation

Reasons Not To Consider Mediation ...... Not Many ! - No.5 : Party in #Dispute's rejection of mediation : ❌ "I want to clear my name in public." ✅ Although mediation is a confidential process, outcomes can be made public if both parties agree. ✅ This allows a balance between privacy & reputational needs.. #Lawyer/Advocate's reasoning for not choosing mediation : ❌ Others expect the client to fight! ✅ Mediation’s flexibility doesn’t limit litigation options. ✅ It can be a strategic move, allowing for a stronger court stance later, if needed. ✅ Mediation can also provide for a partial resolution, whilst allowing other issues to follow a litigation process. .......why not consider #mediation for your #disputes? Sentinel Sport & Mediation #SportsLaw #sportLaw #SportsDispute #SportMediation #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation

Number 4 in the series of 'misconceptions about mediation' from both lawyers (advocates) and their clients in dispute: #Disputant/Client's rejection of mediation : ❌ "The issue is too important to negotiate over!" ✅ Mediation safeguards your core interests. It crafts a resolution that respects the significance of the key issues. ✅ Mediation places the highest priority on important issues, on which ONLY the party(s) can approve any resolution. #Lawyer/Advocate's reasoning for not choosing mediation : ❌ "The client wants control over the process!" ✅ Mediation gives the client more control over the outcome than court. ✅ Mediation is built around a 'client-centred' approach. .......why not consider #mediation for your #disputes? Sentinel Sport & Mediation #SportsLaw #sportLaw #SportsDispute #SportMediation #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation

The role of many a mediator is often defined by patience, persistence, and the art of guiding the mediation process towards a resolution. But what happens when a mediator faces an impasse, and their continued involvement might EVEN jeopardise the integrity of the process? This was highlighted in one incredibly important mediation process just a few weeks ago, and the 'mediator' choosing to exercise arguably a mediator's tool of last resort – and withdrawing from the process as the mediator. Withdrawal is a rarely discussed, but it is undoubtedly a powerful tool that requires careful judgement, ethical consideration, and an unwavering commitment to fairness. Hence, I wrote the following article considering: why, when, and how this ultimate step can become necessary, if only to ensure that the mediation process remains constructive and credible. 👓 Read the original article here: 🔗 https://lnkd.in/eqxbWw3g 🔗 #Mediation #DisputeResolution #ADR #MediatorInsights #ConflictResolution #EthicsInMediation #ProfessionalDevelopment #SportsMediation #MediationInSport #JonathanBooker #FootballMediation ............ : Sentinel Sport & Mediation

More 'misconceptions about mediation' (no.3) from both those in dispute and their legal advisers, that may result in them incorrectly dismissing #mediation as not being a viable option: #Lawyer/Advocate's hesitancy for Mediation : ❌ "The client does not understand the value of mediation!" ✅ #Mediators undertake pre-mediation to explain the mediation process, as well as the value and benefits of mediation. ✅ Pre-mediation MAY be helped by legal counsel supporting the #mediator. As counsel may not be totally comfortable in explaining mediation. Those in Dispute reluctance towards Mediation : ❌ "I don't want to pay for mediation on top of other costs!" ✅ Mediation typically reduces overall expenses, resolving disputes faster than court processes. This provides a cost-effective resolution. ✅ In most lengthy disputes mediation represents a fraction of the overall costs. .......why not consider#mediation for your #disputes? Sentinel Sport & Mediation #SportsLaw #sportLaw #SportsDispute #SportMediation #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #DisputeInSport #SportingDispute #Arbitration #Litigation #FIFAagent #AgentsChamber

Number 2 in the series of 'misconceptions about mediation' from both lawyers (advocates) and their clients in dispute: #Disputant/Client's Reluctance towards Mediation : ❌ "I feel pressured to settle if I mediate." ✅ "The ‘Mediation Process’ is non-binding, so YOU have the freedom to accept OR reject proposed solutions. ✅ No settlement from mediation can be reached without .... YOUR APPROVAL! #Lawyer/Advocate's Reluctance towards Mediation : ❌ "The solution is NOT binding?" ✅ "Mediated settlement agreements are usually legally binding if both sides agree. ✅ "The likes of the EU Directive & UN Singapore Convention reinforce mediation outcomes. .......why not consider #mediation for your #disputes? Sentinel Sport & Mediation #SportsLaw #sportLaw #SportsDispute #SportMediation #SportsMediation #SportDispute #FootballLaw #FootballDispute

Reasons Not to Consider Mediation? .......... NOT MANY! #Lawyer/Advocate's Reluctance towards Mediation : C : "My client wants a clear win, not a compromise." R : 'Mediation can still yield a favourable outcome tailored to the client’s needs, without compromising key interests. #Mediation offers a "win-win" opportunity where both sides achieve valuable results. Without the labels of “winner” or “loser”.' #Disputant/Client's Reluctance towards Mediation : C : "I’m too angry to negotiate with them." R : 'Professional mediators are trained to handle intense emotions in a #dispute, helping parties communicate constructively. Mediation standards emphasise that the #mediator must create a safe and controlled environment for all parties. .......why not consider #mediation for your #disputes? #sportsLaw #sportLaw #SportsDispute #SportMediation #SportsMediation #SportDispute #FootballLaw #FootballDispute