New Zealand Sport's Year of Reckoning: Should Mediation Be Used More in Sport-Related Disputes?

39 Pages Posted: 4 Jun 2020 Last revised: 5 Jun 2020

See all articles by Paddy Carter

Paddy Carter

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: September 2, 2019

Abstract

The rapid commercialisation of sport in New Zealand and internationally has led to an increase in the sources of potential sport-related disputes. Previously, sporting organisations have preferred to resolve disputes through arbitration or internal mechanisms. This paper assesses the current landscape of dispute resolution in sport and focuses on two specific case studies (Cycling New Zealand and New Zealand Football) that dominated New Zealand sports media in 2018. It outlines and analyses how the disputes were handled. This paper assesses the role that mediation could have played in the early resolution of the disputes. It argues that the organisations should have explored the use of mediation instead of sweeping the issues aside. Further, this paper explores ways to break the institutional barriers that mediation faces in the sporting sector and the role an independent Sports Mediation Service could play in the future. The current approach taken by sporting organisations needs to change. Institutionalisation and mandatory mediation may be viable solutions to the current issues faced.

Keywords: alternative dispute resolution, sport disputes, mediation, conflict resolution

JEL Classification: K00

Suggested Citation

Carter, Paddy, New Zealand Sport's Year of Reckoning: Should Mediation Be Used More in Sport-Related Disputes? (September 2, 2019). Victoria University of Wellington Legal Research Paper No. 29/2020, Available at SSRN: https://ssrn.com/abstract=3618823 or http://dx.doi.org/10.2139/ssrn.3618823

Paddy Carter (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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