Sentinel Sport & Mediation

Some more reasons, if not sadly 'excuses' given for not considering mediation in attempting to resolve a dispute. Plus the 💡 reasoning as to why they are more often a case of the latter (i.e. excuses). Excuses of those in #dispute for not considering mediation: ❌ "Mediation feels like giving up." ✅ Mediation is about taking control and finding a proactive resolution. ✅ Rather than giving up, mediation is often a smart, strong choice that preserves your interests. Excuses of Lawyers and Legal Advisers, for not considering mediation: ❌ "The client deserves a decisive judgment." ✅ Clients can still proceed to court if mediation fails. ✅ Preserving their right to a trial while offering a potential quicker resolution first.. ....... why are so many still reluctant to consider #mediation in resolving their #disputes? This is number 15 in the series from Sentinel Sport & Mediation, and there are many more to come. #SportsLaw #sportLaw #SportsDispute #SportMediation #DisputeResolution #SportsMediation #SportDispute #FootballLaw #FootballDispute #CAS #SportResolution #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 14 in the series). Excuses of Lawyers, Solictors & Advocates for not considering mediation : ❌ "There is no time for mediation." ✅ Mediation sessions are often brief and scheduled for convenience. ✅ Mediation saves time compared to lengthy court trials - and the preparation that precedes any trial. Excuses of those in #dispute for not considering mediation : ❌"I don’t want this to be private." ✅ While confidentiality is a core benefit of mediation - parties can choose to make aspects public. ✅ This is ONLY if both parties mutually agree - Yet, privacy is often beneficial in sensitive cases. ....... 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 13 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 don’t think mediation will achieve anything." ✅ Mediation has a high success rate, even in complex cases. ✅ Skilled mediators employ structured techniques that can uncover solutions, often surprising sceptics. Excuses of Lawyers, Legal Advisers, and Advocates for not considering mediation: ❌ "The client may find mediation too emotional." ✅ Mediators are trained to handle intense emotions carefully. ✅ Mediators create a safe & productive space for all participants. ....... 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 #SportResolution #DisputeInSport #SportingDispute #Arbitration #Litigation

Another selection of some of the reasons given by those in dispute as well as some legal advisers, lawyers, and solicitors, for not considering mediation to resolve a dispute ....... and why these are often misguided 'excuses' rather than valid 'reasons' (number 12 in the series). Excuses of Lawyers and Legal Advisers for not considering mediation : ❌ "Additional mediation fees aren’t justified." ✅ Mediation often saves on total legal fees by shortening the dispute timeline. ✅ Mediation provides a cost-effective solution, that usually represents a small proportion of costs in a dispute. Excuses of those 'Parties in #Dispute' for not considering mediation : ❌ "A mediated solution isn’t legally binding." ✅ Mediated agreements can be made legally binding if both parties consent. ✅ Settlements are supported by the EU Mediation Directive and the UNs Singapore Convention, assisted by enforceability in many territories. ....... 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 11 in the series, listing some of the reasons given for not considering mediation to resolve a dispute ....... and why these are often misguided 'excuses' rather than valid 'reasons'. Excuses of those parties in a #dispute for not considering mediation : ❌ "I want my day in court!" ✅ Mediation doesn’t prevent you from pursuing a court case later if needed. ✅ Mediation offers a chance for resolution, before fully committing to costly and lengthy litigation. Excuses of Lawyers and Legal Advisers for not considering mediation : ❌ The other ‘side’ won’t take the matter seriously. ✅ Mediators establish structure and expectations, helping ensure both parties commit to productive participation. ✅ Good mediators recognise a lack of good faith, and may not accept an appointment if a lack of ‘good faith’ is demonstrated. ....... 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

Another selection of some of the reasons (often excuses) given by those in dispute as well as some legal advisers, lawyers and solicitors, for not considering mediation to resolve a dispute ....... and why these are often misguided 'excuses' rather than valid 'reasons' (number 10 in the series). Excuses of Lawyers and Legal Advisers for not considering mediation : ❌ "Mediation feels informal for serious cases." ✅ The likes of the Civil Mediation Council (CMC) hold mediators to high professional standards. ✅ This helps to ensure that even serious cases are managed with care and precision. ✅ Good mediators will follow a core set of recognised professional principles & guidelines for the parties to reach a resolution. Excuses of those in 'Parties in #Dispute' for not considering mediation : ❌ "Mediation will take too long." ✅ Mediation is typically faster than arbitration, tribunals or court proceedings. ✅ Many cases are resolved within days, ✅ This is a key efficiency goal of many mediation directives. ....... 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 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