[Author: Philip John, Law Student at NUALS Kochi, India]
Mediation has long been recognised as a cornerstone of Alternative Dispute Resolution (ADR), offering an effective, expeditious, and amicable means of resolving disputes. In the realm of sports law, mediation has gained considerable prominence, with the Court of Arbitration for Sport (CAS) formally incorporating mediation procedures into its framework in May 1999. Unlike litigation or arbitration, mediation is a voluntary, non-binding process wherein an impartial mediator facilitates negotiations between disputing parties to achieve a mutually agreeable resolution. Confidentiality remains a fundamental principle of this process, ensuring that discussions remain privileged and protected.
The efficacy of mediation in sports disputes is evidenced by its successful application in various high-profile cases. While mediation serves as a preferred mechanism for resolving contractual and commercial disagreements, its application is limited in cases involving doping, disciplinary sanctions, or other matters of a criminal or quasi-criminal nature. This blog specifically focuses on the Mediation Rules of the Court of Arbitration for Sport (CAS), providing an overview of their framework, procedural aspects, and practical significance in the resolution of sporting disputes.
Foundational Principles and Scope
The CAS Mediation Rules were formally adopted by the International Council of Arbitration for Sport (ICAS) under Articles S2 and S6 of the Code of Sports-related Arbitration (CAS) on 1 September, 2013. These rules comprise 14 provisions that govern mediation under the CAS framework, with an annexure outlining the financial obligations of the parties.
CAS mediation is a voluntary and non-binding process, initiated only through a mediation agreement, as stipulated under Article 1. This agreement, based on good faith, serves as an affirmation of the parties’ mutual intent to resolve their dispute through mediation rather than litigation or arbitration. The mediation process is strictly confined to disputes related to sports, with the CAS mediator acting as a neutral facilitator to aid negotiations between the parties. However, not all sports-related disputes qualify for CAS mediation. Disciplinary matters such as match-fixing, doping, and corruption are explicitly excluded under Article 1. Nevertheless, other disciplinary disputes may be mediated if both parties expressly agree and the circumstances warrant it.
Article 2 establishes that a mediation agreement is an essential prerequisite for referring a dispute to CAS mediation. Such an agreement serves as formal confirmation that the disputing parties have elected mediation as their preferred mechanism for dispute resolution. Mediation can apply to disputes that arise before or after the agreement is signed, allowing parties to include a mediation clause in their contracts for potential future disputes. A mediation agreement need not be a standalone contract; it can be integrated as a clause within a broader contractual framework governing the parties’ relationship. The presence of a mediation clause in an existing contract is deemed sufficient to establish the parties’ consent to CAS mediation.
Procedural Framework and Mediator Appointment
Article 3 grants the parties autonomy to determine the procedural rules governing their mediation proceedings. If the parties opt for CAS mediation, the CAS Mediation Rules become an integral part of their agreement. However, they may also choose alternative mediation rules, provided such election is explicitly recorded in their agreement. The mediation process formally commences when one party submits a written request to the CAS Court Office. This request must include mandatory documents such as details identifying the parties and their representatives (names, addresses, email addresses, and contact numbers), a copy of the mediation agreement, and a concise summary of the dispute.
Articles 5 and 6 outline the appointment of CAS mediators. ICAS maintains a designated list of CAS mediators who possess relevant expertise in sports arbitration and mediation. These mediators are appointed for a renewable term of four years. The disputing parties have the right to mutually select a mediator from this list. If they fail to reach an agreement, the CAS President appoints a mediator after consulting both parties. Once appointed, the mediator assumes an obligation to dedicate sufficient time and effort to ensure the proceedings are conducted efficiently.
A fundamental tenet of CAS mediation is the principle of impartiality. Article 6 explicitly requires mediators to remain neutral and independent. Should a mediator identify a potential conflict of interest or any circumstances that might compromise their impartiality, they are obligated to disclose this information to the parties. If, after full disclosure, the parties still agree to proceed with the same mediator, they must record their consent in writing through a joint or separate declaration. Conversely, if a party objects or the mediator declines the role, the CAS President is responsible for appointing a replacement mediator after consultation with both parties.
Mediation Process and Confidentiality
Under Article 7, parties may negotiate directly or appoint representatives with full authority to settle the dispute. If represented, the party must inform both CAS and the opposing party before proceedings begin. The procedural framework is initially determined by mutual agreement; if no consensus is reached, the mediator structures the process. Upon appointment, the mediator sets submission guidelines and schedules exchanges, requiring a factual summary, legal issues, and a mediation agreement copy. Article 8 mandates good faith cooperation to ensure efficiency. The mediator, under Article 9, facilitates dialogue, identifies key issues, and suggests solutions, though resolutions remain voluntary and mutually agreed. Confidentiality, a core principle under Article 10, binds all participants, including the mediator and representatives. A confidentiality agreement is mandatory, mediation proceedings cannot be recorded, and exchanged information is inadmissible in future legal cases unless otherwise agreed or legally required.
Termination, Arbitration, and Costs
Mediation under CAS rules remains a voluntary process and may be terminated at any stage. Article 11 stipulates that mediation shall conclude in the following circumstances: (a) when the parties sign a settlement agreement, (b) if the mediator declares that further mediation efforts would be futile, (c) if either party formally declares the termination of mediation proceedings, or (d) if one or both parties fail to pay their share of mediation costs within the stipulated timeframe under Article 14. If mediation results in a resolution, the mediator drafts a settlement agreement, which the parties sign to make it binding. If any party breaches the terms of the agreement, the affected party may seek enforcement before an arbitral or judicial authority.
If mediation fails, parties may resort to arbitration as an alternative dispute resolution mechanism. However, Article 13 states that arbitration is only available if an arbitration agreement exists between the parties or if an arbitration clause was incorporated into the mediation agreement. In such cases, the expedited procedure under Article R44(4) of the Code of Sports-related Arbitration may apply. A crucial safeguard under Article 13 prohibits mediators from acting as arbitrators in subsequent arbitration proceedings involving the same dispute unless explicitly agreed upon in writing. This ensures impartiality and prevents conflicts of interest. Mediation under CAS rules incurs administrative and procedural costs, which must be borne by the parties. Article 14 mandates that each party pays CAS administrative costs; failure to do so prevents mediation from commencing. Additionally, each party is responsible for its own expenses, including mediation fees and related expenditures. Unless otherwise agreed, final mediation costs including a CHF 1,000 administrative fee, mediator fees as per the CAS fee scale, and contributions toward CAS expenses are shared equally between the parties.
Conclusion
The CAS Mediation Rules provide a structured yet flexible framework for the amicable resolution of sports-related disputes. By prioritizing confidentiality, party autonomy, and procedural efficiency, these rules ensure that disputes can be settled in a non-adversarial manner, preserving the integrity of sporting relationships. While mediation remains a voluntary and non-binding process, the enforceability of settlement agreements lends it significant legal weight. Furthermore, the clear delineation of procedural aspects reinforces the credibility of CAS mediation as an effective alternative to arbitration. In light of these provisions, CAS mediation stands as a valuable mechanism within sports law, offering disputing parties a means to resolve conflicts expediently while minimising disruption to their professional and sporting commitments.
[For feedback or query, please reach out to the author at philipjohn1730@nuals.ac.in]
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PREFERRED CITATION: Philip John, “Game, Set, Mediate – Overview of CAS Mediation” Sports Law Review India, available at: https://sportslawreviewindia.blog/2025/07/23/game-set-mediate-overview-of-cas-mediation/ Published on 23 July 2025.
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