دانلود رایگان مقاله انگلیسی واسطه گری در ورزش: واسطه گری در اختلافات ورزش با عملکرد بالا - وایلی 2017

Conflicts in high-performance sports (HPS) are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved. Such disputes raise intriguing challenges for the mediators handling them. These disputes typically involve multiple parties who often have intensely competitive personalities negotiating a volatile mix of high-stakes win/lose issues. Mediators typically confront numerous process challenges and must operate within the rigid policy parameters of the various governing organizations involved. Mediation can successfully manage and resolve these challenging disputes, often in creative ways that repair and preserve the parties’ relationships. To be successful in this environment, however, mediators must adapt to and confront the unique dynamics of sports disputes described here. In this article, I examine multiple case studies of mediations conducted through the Sport Dispute Resolution Centre of Canada (SDRCC) with the goal of identifying successful mediation strategies for HPS disputes. The centre, which has made mediation mandatory for almost all cases, had an overall settlement rate over a twelve-year period of 46 percent, with rates as high as 94 percent for mediations voluntarily requested by the parties. Mediation has been used only sparingly elsewhere in the world for resolving HPS disputes to date, although, I argue, it is a successful tool that should be increasingly used both nationally and internationally. In recognition of mediation’s potential role, the Court of Arbitration for Sport introduced updated mediation rules in 2016 and is moving to increase the use of mediation in international sports disputes.

Conclusion:

A Role for Mediation in Sports At the SDRCC, mediation has often helped achieve stable mutually satisfactory settlements in a timely cost-effective manner, although not all HPS disputes can be settled at mediation. Mediation has added value even when disputes have not settled during the mediation, by improving understanding and respect among the parties and increasing the likelihood of a later settlement prior to arbitration. The broader impact has been improved relationships and a more positive, satisfying environment for parties.

While most HPS jurisdictions around the world do not yet mediate disciplinary or anti-doping cases, the SDRCC experience suggests that facilitation of disciplinary matters has real value for all parties. Extending mediation efforts into disciplinary disputes, I argue, should be seriously considered at both national and international levels.

I also draw another conclusion from the unique SDRCC experience: making mediation a mandatory component of the dispute resolution process should be seriously considered. Admittedly, this challenges the view that all mediation must be voluntarily chosen by all parties. Mandatory mediation exposes many parties rapidly to the process of mediation and its benefits. Despite the many challenges inherent in sports disputes such as the often distributive win/lose nature of the issues, the SDRCC experience suggests that mandatory mediation can still produce relatively high settlement rates and also have positive impacts on disputes that don’t settle. Although mandatory RFs have lower settlement rates than voluntary mediations, overall settlement rates have more than tripled, from fourteen to 46 percent, since the introduction of mandatory RFs and voluntary med/arb processes.