Sentinel Sport & Mediation - Newsletter - August 2024
Jonathan Booker
Resolving Costly Sports Disputes Before They Escalate | In the business of 'score-draws', and avoiding expensive 'losses'.
Welcome to the Sentinel Sport newsletter for August 2024, recapping the key issues Sentinel has been engaged in over the last month, and what we envisage may come to pass in the world of sports mediation and sports agency.
It has been a period of quite a lot of reflection, planning and also debate in the sports world when it comes to dispute resolution. With many discussions continuing on the topic of "What is the Place of Mediation in the Sport's Industry" and where is mediation applicable when it comes to disputes in sport.
Yet whilst some experts from the world of dispute resolution in sport have very eloquently framed mediation as "The Ultimate 'Equality of Arms'", there is still an astounding amount of misconceptions about mediation in the sports governance and sports law community.
In addition to this more disputes and confusion could be 'on the cards' in the football (soccer) agents world as they could become subject to further regulation, this time as part of additional legislation in the UK.
Mediation : The Ultimate 'Equality of Arms' in a Dispute?
- 16th May 2024
The term ‘pro-bono’?is open to interpretation and means different things, to different people (i.e free of charge, subsidised, reduced/nominal cost, expenses only), and generally it is something offered by professionals in various industries to non-profit organisations and to those who may find it difficult to afford professional services (hence the translation of the latin “pro bono publico”, which means "for the public good.").
So, with this in mind and deliberations over recent months, it has left us in somewhat of a?quandary over the place that pro-bono mediation has; is it realistic or is it a waste of time in most cases?
Original Article at?www.footballmediation.com
UK Football Regulator Risks Missing a Mediation (and Med-Arb) Opportunity?
- 6th June 2024
At the time of an election being called in the United Kingdom, it resulted in the UK Parliament being prorogued and thus the Football Governance Bill, and subsequently the realisation of an Independent Football Regulator (IFR) being ‘put on hold’.
There was the suspicion that the bill would get ‘waived’ through before the suspension of parliament given many of the ongoing governance issues, standoffs, worries and disputes that exist in British football ….. and also the possibility that such a bill may ‘win votes’ in the forthcoming election, with those more concerned with football than politics.
Hence, some may have been left frustrated by this delay, whilst others (myself included) whilst welcoming in an ‘effective’ Independent Football Regulator (IFR) as soon as possible, still see many gaping holes in the football governance bill and the IFR. Thus, would like to see amendments during the next parliament to result in the IFR not being a huge ‘white elephant’ with little or no purpose, value or influence – but a thoughtful, viable and effective regulator.
Original Article at?www.footballmediation.com
Is the Biggest Threat to the Growth of Mediation, Actually Mediation Itself?
- 20th June 2024
After a few years now, following my move into the mediation profession, I have noted several factors that I believe are evidence of the growth of mediation being stifled, if not an element of self-destruction somewhat from within.
We could debate that some fields of mediation are less prone to this self-destructive threat than others; with civil & commercial, family, SEND (Special Educational Needs & Disabilities), workplace and other forms of mediation all having their various nuances as well as the application in different industries, sectors and communities varying.
However, for this specific article I will be referring to my experience and observations in relation primarily to commercial mediation, with a ‘facilitative’ approach, and in a large part relating to the sports industry.
Original Article at?www.footballmediation.com
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More 'Alarm Bells' for Football Agents in the UK?
- 1st July 2024
The last couple of years has meant a huge amount of upheaval and confusion for many working in and around the football agents world. Yet, that is nothing new, in such a competitive, nuanced and fast-moving industry, where participants have to often be flexible and adapt to new trends and regulations.
A circular was sent to all licensed football agents by The Football Association in England (‘The FA’), relating to their consultation with the UK Government’s 'Department for Business and Trade' (‘DfBT’), and more specifically ‘The Employment Agency Standards Inspectorate’ (‘EASI’) which subsequently has prompted quite a lot of confusion, if not concern, amongst some of the football agent community.
Original Article at?www.footballmediation.com
The Priceless Ingredient in Mediation …… ‘Good Faith’
- 31st July 2024
There are many important ‘pieces of the jigsaw’ that need to be put into place for a conducive mediation process, and arguably even more to reach a successful resolution and/or settlement through mediation.
Yet, we need to appreciate that there is what I believe to be a vital and invaluable ingredient for mediation. This is one not brought about by the mediator(s), but by all parties to the mediation (most notably the disputants) …. and that is the crucial ingredient of ‘good faith’.
Original Article at?www.footballmediation.com
Where is Mediation Applicable in Sports Disputes, and Where it is Not?
- 7th August 2024
The discussion of 'The Role of Mediation in Sports Disputes' prompted quite a lot of thought, consideration, and self-reflection, not least in the approach to mediation that I was trained in, as well as considering the style and approach I adopt and develop yet further, for the benefit of all concerned with a dispute, not least the disputants.
Some mediators may well believe that mediation can solve every dispute; that in my view, is simply not the case (or at least not a practical view). This is due to the variables that may exist in any dispute, such as (i) the nature of the dispute, (ii) the disputants, (iii) any laws that may apply, and (iv) the amount of ‘good faith’ demonstrated by those involved.?
In addition to this, sport applies another level of complexity and nuance in terms of disputes, whereby mediation may be viable or where it may not, in my considered opinion.
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Original Article at?www.footballmediation.com
?2022-2024 Sentinel Sport & Mediation
?2024 Jonathan Booker