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Scope of Mediation in Sports Disputes: Important tool to resolve gender discrimination and sexual exploitation
Introduction: The sports sector accounts for around 3% of global GDP. The stakes in today's sports are quite high. Sports rules had to be updated to keep up with the growing popularity of sports. As a result, many rules, laws, and regulations pertaining to high-performance sports have been enacted, which control the sector and its operations.
Sports have become such a worldwide commercial entity that disputes resulting from sports-related activities have become a serious concern. These sportsmen's careers might be jeopardized if these conflicts are not resolved in a confidential manner since a loss of reputation is something they cannot afford.
Arbitration was preferred over mediation due to its enforceability nature supported by New York and Geneva Convention. But since, 2019 with the signing of the Singapore Convention, mediation awards now have the same structure as arbitral awards in terms of enforceability. It is now up to the convention's signatories to put the convention's provisions into effect in their own countries.
Mediation for Sports Disputes: The majority of international sports dispute resolution bodies are now actively pushing parties to try mediation first. Even the World Intellectual Property Organization, which provides intellectual property resolution services in the sports industry, encourages mediation. Because connection development is such an essential aspect of the athletic business, it is critical to consider mediation as a viable means of resolving disputes in sports while also protecting the parties' relationship. Mediation has an extremely high success rate of about 70%. According to research conducted by the European Union, mediation is generally faster than arbitration.
Mediations are generally utilized for conflict resolution in sports if the issues involved are concerned with contractual duties between players, clubs, sports associations, sporting boards, etc. The primary goal of mediation is to assist the parties to understand their respective interests in the conflict rather than continuing to argue about their viewpoints, which may or may not satisfy either party. The mediation award may also be challenged by the parties.
Mediation to combat gender discrimination and sexual exploitation: Justice A.K. Sikri, former SC judge made the statement at an International Webinar organized by SC mediators, Commonwealth Lawyers Association, Sports Dispute Resolution Centre, and the Youth Bar Association of India. He said that both the courts (litigation) and arbitration (arbitration) could not successfully deal with it and that mediation was required.
“There are numerous such situations where the coach has attempted to engage in such activities, and various complaints have been filed against them,” Justice Sikri added. What's more essential is that these problems must be addressed right away. They are unable to wait even a few days at times. Enlarging the scope of mediation is going to result in immediate and easy resolutions.
Conclusion: Mediation as an efficient Dispute Resolution tool in sports should be widely encouraged in the country. To raise awareness of the advantages among athletes, clubs, and associations. One of the most significant obstacles to the system's development is a lack of awareness among athletes and the general public about the available resources of the multi-door conflict resolution system. The lack of properly functioning institutions to carry out mediation as a process for dispute resolution in sports, as well as a lack of efficient professionals to act as mediators in cases of disputes arising from sports, should be addressed in the country by enacting effective mechanisms and training mediators for the said purposes.
The strain on the courts can also be eased if there is a sufficient system in place for procedures like mediation. With the Singapore Convention now in effect and India as a member, it would be interesting to watch how local legislation in India is applied to encourage and support mediation as a practice.
(This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.)
- Introduction
- Mediation for sports disputes
- Mediation to combat gender discrimination and sexual exploitation
