June 14 2024 marked the beginning of the 2024 UEFA European Football Championship, with 24 teams competing across Germany, the host nation. This is an ideal moment to explore the benefits of mediation in football.
Example FIFA
In March 2023, FIFA published comprehensive Mediation Guidelines available in four languages. The guide is aimed at resolving disputes within the football community and facilitating other means of alternative dispute resolution. These guidelines, part of the Football Tribunal’s services, offer a voluntary and confidential mediation process.
The mediation service has already successfully resolved several cases, supporting amicable settlements and rebuilding relationships between parties.
Benefits of Mediation in Football
“Mediation is a modern alternative dispute resolution mechanism where parties reach an amicable solution with the assistance of a mediator. Through mediation, parties will have the opportunity to reach a quick conclusion of their contractual dispute submitted to the Football Tribunal” by FIFA.
The FIFA mediation service addresses various disputes, including:
- contractual issues,
- employment matters
- disputes involving clubs, players, coaches, and agents.
Through mediation, parties can avoid lengthy disputes before FIFA and the Court of Arbitration for Sport. At the same time they can maintain their existing relationships within the football family.
When parties successfully mediate, their agreement is ratified by FIFA and has the same effect as a binding decision by the Football Tribunal.
Real-Life Impact
The benefits of mediation in football are visible in the following statement. “The mediation process has been key in resolving a longstanding problem and, at the same time, in rebuilding the relationship between the parties. With the support of the mediator, we were able to effectively identify the positions and interests of both the player and the club and reach a common point of agreement, which otherwise would not have been possible. It was a great experience, carried out in an agile and confidential way, so we highly recommend the use of this practical tool that FIFA makes available to parties for the resolution of conflicts,” said Santiago Liste from the Spanish Footballers Association (AFE), who represented one of its affiliates in a successfully mediated case. Quote source.
Conclusion
Mediation is a modern dispute resolution mechanism that can greatly impact the world of sports. It provides an efficient, confidential, and amicable way to resolve disputes.
However, its potential is far from being exhausted.
The lack of awareness and misconceptions about what mediation is and what it can bring to the parties in dispute are significant barriers that need to be overcome to make mediation mainstream.
With the EURO2024 and the Olympic and Paralympic Games it’s an opportune time to put a spotlight on mediation within the Professional Sports Community.
Herberholz Mediation Services
At HMS, we pride ourselves on providing a personalised approach to conflict resolution, recognising that every situation is different.
Our focused and constructive mediation processes ensure that your particular conflict is addressed with the precision and care it deserves.