Mediation
What is mediation?
Mediation is a procedure by means of which parties seek, with the help of a third party, called a mediator, to find an amicable solution to their dispute. It is distinguished from arbitration essentially by its non-formalistic nature, the parties’ control over the proceedings and the absence of enforceability of the agreements signed by the parties.
Mediation may be provided for by a clause inserted in a contract or by a separate agreement once the dispute has arisen
What are the advantages of the IACS mediation procedure?
It is adapted to sport
It is simple and flexible
It is quick
It is confidential
It is inexpensive
It is not formal
What kind of dispute may be submitted for mediation before the IACS?
Mediation may be sought only for disputes related to the IACS ordinary procedure. The
following are excluded:
- disputes related to disciplinary cases
- doping cases
- disputes arising from a decision passed by the authority of a sports organisation.
Disputes submitted to mediation must be related to sport; e.g. a sponsorship contract, an athlete undertaking, etc…
Who may apply for IACS mediation?
Any natural or artificial legal person with capacity to effect a legal transaction may have recourse to IACS mediation. This legal remedy is thus open to athletes, clubs, sports associations or federations, organisers of sports events, sponsors, radio/ television companies, etc.
Under what conditions does the IACS offer mediation?
These are the same as for arbitration. The parties may agree in advance to have recourse to mediation by the IACS. They may also agree to submit an existing dispute to mediation by the IACS by means of a written and signed agreement.
IACS Mediators
The IACS has a list of mediators which the parties may consult. The mediator is appointed in accordance with the following procedure:
- either the parties agree on a particular mediator chosen from the IACS list, in which case their choice will be ratified by the IACS President;
- or the parties fail to agree on the choice of a mediator or do not make a choice, in
which case the mediator is chosen from the list by the IACS President after consultation with the parties
How It Works
Consultation
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Strategize
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Take Action
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