Mediation as a way to resolve sports disputes

Authors

  • M. O. Buyanova National Research University «Higher Scool of Economics»

DOI:

https://doi.org/10.17308/law/1995-5502/2023/1/131-137

Keywords:

mediation, sports dispute, mediator, arbitration, athletes, mediation agreement, sport, sports federation

Abstract

The article analyzes the concept of "mediation", which is enshrined in the current Russian legislation. It is proved that in sports disputes it is mediation that can provide a faster and more confidential alternative settlement with the least losses to resolve the conflict while maintaining business cooperation and contributing to the development of partnerships. The fundamental principles of mediation are analyzed, which determine its beneficial differences from judicial conflict resolution – voluntariness, impartiality of the mediator, equality of the parties and confidentiality. The author defines the advantages of mediation in comparison with judicial (including arbitration) consideration and justifies the need to adopt a Model provision on the mediation body of a sports federation or league aimed at pre-trial resolution of sports confl icts. Such a provision will allow not only to determine the position of the mediation body, but also to make an understanding for the participants about the rules and procedure.

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Author Biography

  • M. O. Buyanova, National Research University «Higher Scool of Economics»

    Doctor of Legal Sciences, Professor

References

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Published

2023-06-01

Issue

Section

Civil Law and Process