Mediation in Sports Disputes: A Global Perspective and Future Outlook


Mediation in Sports Disputes: A Global Perspective and Future Outlook

Mediation in Sports Disputes: A Global Perspective and Future Outlook

Mediation in sports disputes has long been promoted as a cost-effective, confidential, and efficient alternative to arbitration and litigation. Yet despite its recognised advantages, its use within the sports dispute resolution landscape remains inconsistent. Recent empirical research suggests that this is not because mediation is ineffective, but because it is often considered too late in the lifecycle of disputes — or not considered at all.

This article reflects on practitioner-led research into mediation in international sport and focuses on its practical implications for those operating within specialist sports dispute resolution systems. Readers who wish to explore the full empirical analysis can access the peer-reviewed, open-access journal article published in the International Sports Law Journal here.

Introduction

I recently completed the Global Master in International Sports Law at ISDE in Madrid. As an accredited mediator and a member of the Sport Resolutions panel of specialist arbitrators and mediators, I used my Master’s thesis to examine the current role of mediation in sports law disputes. With the support of Sport Resolutions and other institutions, I surveyed experienced sports mediators drawn from international panels, including the Court of Arbitration for Sport and Sport Resolutions.

The survey captured first-hand perspectives from senior practitioners across multiple jurisdictions and dispute types. While wide-ranging in scope, several consistent themes emerged, offering useful insight into how mediation is currently being used in sport — and how it might be used more effectively alongside arbitration in the future.

Mediation Works: A Proven Success Rate

One of the clearest findings of the research was confirmation of mediation’s effectiveness when it is used. Survey respondents reported that approximately 65% of sports mediations settle on the day itself, with a further 15% resolving within the following 28 days. This produces an overall settlement rate of around 80%.

These figures are consistent with mediation outcomes in other specialist sectors and reinforce the point that mediation is not an experimental or marginal process in sport. Where parties engage with it meaningfully, it delivers results.

A Growing but Uneven Uptake

Despite this effectiveness, mediation remains significantly less common than arbitration in sports disputes. This is particularly evident within specialist institutions, where arbitration continues to operate as the default procedural pathway.

That imbalance should not be read as a criticism of arbitration, which plays a vital role in ensuring consistency, certainty, and enforceability in sports governance. Rather, the research suggests that mediation is often under-utilised because disputes are framed too quickly as adversarial contests, leaving limited space for consensual resolution once positions have hardened.

Encouragingly, the data also points to growing interest in mediation. The Court of Arbitration for Sport recorded a significant increase in mediations in 2023, and Sport Resolutions panel members reported handling a widening range of mediated disputes, including contractual, regulatory, and governance-related matters.

Virtual and In-Person Mediation

Another notable trend is the increasing use of virtual mediation. Over 70% of some mediators’ recent caseloads were conducted remotely, reflecting both logistical efficiencies and changing professional norms.

Many respondents viewed virtual mediation as particularly well suited to lower-value or multi-party disputes, while others emphasised that in-person mediation remains preferable in high-stakes cases where momentum, trust, and interpersonal dynamics play a central role. The consensus was not that one model should replace the other, but that flexibility and case-specific judgment are essential.

When and Where Mediation Fits in Sport

A recurring theme in the research was the importance of timing. Mediation appears most effective when considered early, before disputes become fully entrenched or procedural steps restrict the available options.

Respondents identified a number of dispute types that may be particularly suitable for mediation in sport, including contractual disputes involving players, coaches, or clubs; selection and eligibility disputes; internal governance conflicts; and certain disciplinary matters, particularly where welfare considerations are engaged.

In many such cases, mediation does not replace adjudication but complements it, either by resolving disputes outright or by narrowing the issues that ultimately require determination.

The Role of Arbitrators and Institutions

The research also highlighted the distinctive position occupied by specialist arbitrators within sports dispute resolution systems. Arbitrators are often the first neutral professionals engaged by parties and are well placed to encourage informed discussion about procedural options, including mediation, at an early stage.

Normalising that conversation does not undermine arbitration. Rather, it reflects a mature dispute resolution culture in which different processes are deployed thoughtfully and proportionately, according to the needs of the dispute and the interests of those involved.

Looking Ahead

The findings of this research suggest that mediation already has a firm foundation in international sport. The challenge lies not in demonstrating its value, but in embedding it more consistently within existing dispute resolution frameworks.

For institutions, practitioners, and governing bodies alike, the opportunity is to move from viewing mediation as an exceptional or last-resort mechanism to recognising it as a complementary tool that can, in appropriate cases, deliver faster, more cost-effective, and more humane outcomes.

The full peer-reviewed article, The missed opportunity: mediation’s untapped potential in international sport, published in the International Sports Law Journal, is available open access via Springer here.

 

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