News & Views
Football Mediation
FIFAs Mediation – ‘True’ Mediation or Arbitration’ on the Cheap’?
Following the publication of FIFAs mediation guidelines in February 2023, and also some additional commentary and information gained from various webinars etc, I have developed serious reservations over time when it comes to FIFAs ‘mediation’ model a
12 July, 2023
Can A Simple Clause for Football Agents Save Time, Money and Headaches with Disputes (for both the agents and their clients)?
One of the biggest frustrations and concerns for many football agents is that of what happens if they become embroiled in a dispute with a client (i.e., player or club) or another football participant (e.g., another agent). This isn’t so much on the
07 July, 2023
First Experience of CAS – ‘Eye Opening’, Including the Comparisons to Mediation
Without going into too much detail about the case; not least out of respect for the process I was fortunate enough to get first-hand experience of the Court of Arbitration for Sport (CAS / TAS). I was neither the claimant or respondent in the case; I
04 July, 2023
Disputes in a Football Transfer Window – The Perfect Arena for Mediation
The ‘transfer window’ is both a very time-limited and covert world), as well as the successful ‘deals’, transactions and transfers that are concluded - it is very rare for there to be full insight into the failed transactions, their causes and all th
28 June, 2023
‘The Donkey and the Tiger’ – A Story of Mediation, Arbitration, Med-Arb or Arb-Med?
The worst waste of time is arguing with the fool and fanatic who does not care about truth or reality, but only the victory of his beliefs and illusions. Never waste time on arguments that don't make sense... There are people who, no matter how much
26 June, 2023
Could The Uncertainty of this Transfer Window Sow the Seeds of Confusion, Conflict & Disputes (with FFAR)
Could The Uncertainty of this Summers Football Transfer Window with the New Football Agent Regulations Sow the Seeds of Confusion, Discontent, Conflict and Disputes
17 June, 2023
Pro-Bono Mediation: Can It Really Work Without ‘Skin in the Game’ (especially in professional sports, such as football)?
Pro-Bono Mediation: Can It Really Work Without ‘Skin in the Game’ (especially in professional sports and football)?
07 June, 2023
BATNA, WATNA and (M)LATNA meet FIFA … and the Disputed Football Agent Regulations
I haven’t suggested the possibility of mediation to the dispute between FIFA and Football Agents over new regulations for my own benefit as a mediator – although in a perverse kind-of-way, I would relish being part of the assigned mediation team in t
01 May, 2023
Mediation in Football Agent Disputes – A ‘Minefield’ of Hurt, Ego’s and Resentment
What many fail to realise, is that disputes between agents can have a considerable effect on many other football participants and stakeholders (not just agents), whether directly or indirectly. As such, it cannot be underestimated how important it is
27 April, 2023
Does Football Avoid ‘Airing its Dirty Washing in Public’ with Fixed and Prescribed Dispute Resolution Options?
Through fixed & prescribed mechanisms for dispute resolution and disciplinary matters, football endeavours at almost every level not to ‘air its dirty laundry in public’.
17 April, 2023
Player and Agent Disputes – When it all ‘turns sour’, can mediation help maintain the delicate balance between harmony and acrimony?
Player and Agent Disputes – The relationship between a footballer and their agent is a delicate balance between harmony and acrimony. When it all ‘turns sour’, can mediation help?
02 April, 2023
Should Football Give Up on Regulating Agents and Defer to Common Law and the ‘Law of Agency’?
Is it best that the football authorities (including FIFA) finally decide ‘enough is enough’ and ‘step back’ decisively on the matter of regulating football agents and football agent activity? And thus allow for Common law (or the law of another count
20 March, 2023
What Chance has Mediation Got in Football, When its Elder and Stronger Sibling is Still Misunderstood?
Despite all the merits of mediation and the undeniable benefits that mediation can bring to the football world (and it’s numerous and varied disputes), I still have doubts as to how well it will be received and thus adopted, both in the short and lon
18 March, 2023
Football Mediation – We Are in the Business of Score Draws
Mediation in football disputes helps secure that well deserved point, rather than one party (or both parties) suffering an unnecessary loss. In many football disputes, the judgement or outcome from a dispute again usually results in a winner and lose
13 March, 2023
Mediation Can Give Young Footballers a Second Chance
Disputes around the release, retention and subsequent compensation due to a club over the development of young footballers can be resolved through various football dispute mechanisms but such mechanisms often have a high cost, and are more damaging t
03 March, 2023
Have FIFA and Football Agents Backed Themselves into a Corner?
Although the relationship between football agents and the football authorities (including FIFA) has always been far short of congenial and friendly, there has been a begrudging level of tolerance (to a degree) over the years. Sure, some posturing and
24 February, 2023
Can Football Expect a ‘Tidal Wave’ of Agent & Player Disputes?
Changes to FIFA's football agent regulations could result in many disputes between players and agents - the dispute resolution mechanism that will help settle the raft of inevitable disputes between football agents and players (plus managers/coaches
19 February, 2023
