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Sport, no less than other activities,
is more and more involved with professionalism, sponsorship and contracts.
Disputes among and between those involved in sport have always occurred, but
now can be more difficult to resolve. Resolution can be an expensive exercise,
both in monetary terms and in the erosion of goodwill around those involved.
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The assistance of a third party or mediator can help those involved to define
and agree what the problem is, and talk it through to reach a workable and
preferably “win win” solution. Our organisation can offer a prompt,
cost effective form of mediation which ensure confidentiality, and practical,
workable solutions. We have a mediation team with extensive sporting knowledge
from player, manager, coaches and administrator perspectives. The team has
sports law experience, and has dealt extensively with the sponsorship and media
issues which surround sport, as well as having worked successfully in the
commercial world outside sport and leisure. Let us assist you to get ongoing
problems off your desk by a practical mediation procedure.
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THE PRACTICAL MEDIATION PRINCIPLES
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HOW IT WORKS
1. Before the mediation:
Both parties must sign an agreement which sets out:
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The nature and extent of the problem as agreed on by both parties,
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A request for the mediator to consult with both parties and put forward a
definition of the problem for their consideration and acceptance.
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The parties’ consent to use one of our mediators.
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The specific timeframe contracted for the process to take.
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A neutral location where the mediation will take place. |
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The cost of the mediation
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How the parties have agreed to pay costs.
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Rules agreed to by the parties.
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If the problem is agreed on, the mediator shall not
discuss the issues with either party prior to mediation day.
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2. At the Mediation
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A copy of the agreed nature and extent of the issues
in dispute shall be supplied to all parties and the mediator. |
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The parties work through the issues with the help of the mediator (aiming to
complete the process in one day). |
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Solutions agreed on, details of how these will be achieved, and a
timeframe for achieving them will be recorded by the mediator, and provided to
and signed by the parties. The document will be binding on the parties. |
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THE ROLE OF THE
MEDIATOR
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The mediator facilitates parties to reach their own
solutions to disputes by:
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Ensuring there is agreement in advance on the nature and extent of
the issues in dispute.
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Keeping parties focussed on the key issues during the process.
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Ensuring parties keep to the rules of the process
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Assisting parties to generate practical options for resolving issues
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Encouraging a partnership approach to resolving issues
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Providing an objective perspective during the process
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THE RESULT
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Enduring and workable solutions, as the parties have formulated the
agreement between themselves. |
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Improved relationships between the parties.
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Having worked through the process, the parties will have learned some practical
steps for handling future conflicts.
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WHO LEADS THE MEDIATION TEAM?
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JOHN WILTSHIRE LLB
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Lawyer with extensive commercial and sports law experience
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Extensive experience in acting in legal and managerial capacity for a number of
sports people and organisations.
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Lecturer in sport and leisure law at the University of Waikato
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Member of Australia and New Zealand Sports Law Association
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Started Waikato Sport Promotions with John Parker
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Executive Director of Waikato Sport Promotions
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Captained representative cricket and hockey sides
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Extensive coaching experience
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Mediation skills
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WHAT ISSUES MIGHT BE MEDIATED?
Mediation is ideally suited to parties who
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Have an ongoing relationship with each other
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Both have a strong interest in resolving the dispute.
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Both agree to use mediation to resolve the dispute.
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The types of issues that might be mediated include:
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Player/parent body disputes
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Contractual disputes
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Sponsorship disputes
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Selection decisions/processes
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Organisational structural/disputes
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Commercial disputes |
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Inter-code disputes
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Interpretations on a raft of issues
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