What are the advantages of the CAS mediation procedure?

It is adapted to sport

Mediation is an alternative method of settling disputes which has produced convincing results in countries where it is applied. Its introduction to sport is an important innovation, as it constitutes a natural extension to and protection of the rules which govern fair play and the spirit of understanding. Choosing mediators who are specialists in sport and negotiation promotes the finding of concrete settlements to disputes by offering solutions adapted to the context of sport.

It is simple and flexible

The mediation procedure is not formal. In principle, the parties choose their own mediator by mutual agreement, and establish the rules governing how the procedure is to be conducted.

It is quick

Mediation proceedings normally take 90 days from the time the request is made. An extension to this may be authorised only by the CAS President for valid reasons. This very short time frame is a means of avoiding negotiations used as delaying tactics by one party acting in bad faith. Moreover, the fact that the mediation and arbitration are placed under the same jurisdiction makes it possible to move from one to the other in the event of failure, which has clear advantages (time saving, lack of additional formalities, etc...).

It is confidential

The parties, the mediator and anyone else involved in mediation proceedings are bound by a strict duty of confidentiality. No information derived from the proceedings may be used before another arbitral or judicial body, subject to the provisions of the law. Only the settlement can be brought before one of these bodies in the event of failure by one of the parties to honour its commitments.

It is inexpensive

One of the aims of the CAS is to make available to the members of the international sporting family an instrument for resolving disputes which is not just fast, but also inexpensive. In the framework of the mediation, the parties pay the costs and fees of the mediator (calculated according to the CAS table of fees), part of the costs of the CAS and administrative fees fixed at SFr. 500 for each party.