CAS mediation is a non binding and informal procedure, based on an agreement to mediate in which each party undertakes to attempt in good faith to negotiate with the other party with a view to settling a sports-related dispute. The parties are assisted in their negotiations by a CAS mediator.
In principle, CAS mediation is provided for the resolution of disputes submitted to the CAS ordinary arbitration procedure. Disputes related to disciplinary matters, such as doping issues, match-fixing and corruption, are excluded from CAS mediation. However, in certain cases, where the circumstances so require and the parties expressly agree, disputes related to other disciplinary matters may be submitted to CAS mediation.
- A mediation agreement is one whereby the parties agree to submit to mediation a sports-related dispute which has arisen or which may arise between them. A mediation agreement may take the form of a mediation clause in a contract or separate agreement.
- A party wishing to institute mediation proceedings shall address a request to that effect in writing to the CAS Court Office.The request shall contain: the identity of the parties and their representatives (name, address, email address, telephone and fax numbers), a copy of the mediation agreement and a brief description of the dispute. The parties shall pay their own mediation fees and expenses.
- The CAS Court Office shall immediately inform the parties of the date on which the mediation commences, and shall fix the time limit by which the parties shall pay their share of the administrative costs pursuant to Article 14 and Appendix I of the Rules.
- The ICAS draws up the list of mediators available to be appointed in CAS mediation procedures. The personalities the ICAS choose shall appear on the list of mediators for a four-year period, and are thereafter eligible for reselection.Unless the parties have jointly selected a mediator from the list of CAS mediators, he shall be chosen by the CAS President from the list of CAS mediators and appointed after consultation with the parties.
Upon his appointment, the mediator shall establish the terms and timetable for submission by each party of a statement summarizing the dispute, including the following details:
- a brief description of the facts and points of law, including a list of the issues submitted to the mediator with a view to resolution;
- a copy of the mediation agreement.
Where the parties agree to submit an ordinary arbitration case to mediation, the mediator may consider the request for arbitration as one party’s summary of its dispute and may invite only the other party to submit its summary of the dispute.
Each party shall cooperate in good faith with the mediator and shall guarantee him the freedom to perform his mandate to advance the mediation as expeditiously as possible. The mediator may make any suggestions he deems appropriate in this regard. He may at any time communicate separately with the parties if he deems it necessary to do so.
The mediator shall promote the settlement of the issues in dispute in any manner that he believes to be appropriate. To achieve this, he will:
- identify the issues in dispute;
- facilitate discussion of the issues by the parties;
- propose solutions.
However, the mediator may not impose a solution of the dispute on either party.
- The mediator, the parties, their representatives and advisers, and any other persons present during the meetings between the parties shall sign a confidentiality agreement and shall not disclose to any third party any information given to them during the mediation, unless required by law to do so. Any information given by one party may be disclosed by the mediator to the other party only with the consent of the former.
Unless required to do so by applicable law and in the absence of any agreement of the parties to the contrary, the parties shall not rely on, or introduce as evidence in any arbitral or judicial proceedings:
- views expressed or suggestions made by a party with respect to a possible settlement of the dispute;
- admissions made by a party in the course of the mediation proceedings;
- documents, notes or other information obtained during the mediation proceedings;
- proposals made or views expressed by the mediator; or
- the fact that a party had or had not indicated willingness to accept a proposal.
Either party or the mediator may terminate the mediation at any time.The mediation shall be terminated:
- by the signing of a settlement by the parties;
- by a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile;
- by a written declaration of a party or the parties to the effect that the mediation proceedings are terminated; or
- where one of the parties, or both, refuse(s) to pay its (their) share of the mediation costs within the time limit fixed pursuant to Article 14 of the Rules.
- The settlement is drawn up by the mediator and signed by the parties and the mediator. Each party shall receive a copy thereof. In the event of any breach, a party may rely on such copy before an arbitral or judicial authority. A copy of the settlement is submitted for inclusion in the records of the CAS Court Office.
- The parties may have recourse to arbitration when a dispute has not been resolved by mediation, provided that an arbitration agreement or clause exists between the parties.
- In the event of failure to resolve a dispute by mediation, unless the parties agree in writing otherwise, the mediator shall not accept an appointment as an arbitrator in any arbitral proceedings concerning the parties involved in the same dispute.
Source : http://www.tas-cas.org/