The Court of Arbitration for Sport (CAS), based in Lausanne, Switzerland, was established in 1984 as an independent body for resolving sports-related disputes. It provides a neutral forum where conflicts involving sports organizations and individuals, such as athletes or officials, can be resolved through binding arbitration or mediation. CAS operates in four main areas: ordinary arbitration, appeal procedures, mediation, and anti-doping cases.  

The CAS mediation procedure offers several advantages tailored to the sports world. It is specifically adapted to the context of sport, aligning with the main principles used in sports law. 

To learn more about certain aspects of sports arbitration, take a look at the article titled ‘Sports Arbitration: The Role of the Court of Arbitration for Sport (CAS) in Lausanne in the Creation of Lex Sportiva’, published in the first issue of the Branič journal for the year 2025. 

What is the difference between mediation and arbitration? 

Mediation and arbitration are both methods of alternative dispute resolution, but they differ in important ways. Mediation is a voluntary process where a neutral third party, the mediator, helps facilitate communication between the parties in dispute and assists them in reaching a mutually agreeable solution. Unlike arbitration, mediation does not impose a decision; instead, it empowers the parties to control the outcome through negotiation. 

In the context of the Court of Arbitration for Sport (CAS), mediation involves a mediator with expertise in the sports industry who works with the disputing parties to find a resolution. CAS offers mediation services on a stand-alone basis. 

According to Article 1 of the CAS mediation rules, CAS mediation is a non-binding and informal process. It is based on an agreement to mediate, where both parties commit to negotiating in good faith, with the assistance of a CAS mediator, in an effort to resolve the sports-related dispute. 

In contrast, arbitration is a more formal process that resembles a private judicial proceeding. In arbitration, the parties present their cases to one or more arbitrators, who then issue a binding decision. While arbitration follows established procedures and is more structured than mediation, it is still less formal than a courtroom trial. 

For CAS, ordinary arbitration is used to resolve contractual disputes or claims of wrongdoing, while the appeal procedure handles disputes arising from decisions made by sports governing bodies, where CAS is designated as the appellate body. 

CAS mediation rules 

The CAS mediation rules were adopted under Articles S2 and S6, paragraphs 1 and 10, of the Code of Sports-related Arbitration, which is governed by the International Council of Arbitration for Sport. 

You might be wondering when mediation should be used. Article 1, paragraph 2 of the CAS mediation rules clarifies that mediation is generally used to resolve contractual disputes. However, certain types of disputes are excluded from CAS mediation, such as those related to disciplinary matters like doping, corruption, and match-fixing. That said, there is an exception: in specific circumstances, and with the explicit agreement of the parties, disputes related to other disciplinary matters can be submitted to CAS mediation. 

A mediation agreement is a formal agreement in which the parties agree to submit a sports-related dispute to mediation. This agreement can be part of a contract as a mediation clause or a separate, standalone document. 

When a mediation agreement calls for mediation under the CAS Mediation Rules, these rules become an integral part of the agreement. However, as stated in Article 3, paragraph 2, the parties may also choose to apply other procedural rules, provided they mutually agree. 

How to commence mediation? 

To begin mediation proceedings, a party must submit a written request to the CAS Court Office. This request must include the required details as outlined in the CAS rules. Once the mediation start date is confirmed, both parties are required to pay their share of the administrative costs and the advance of costs within a set time frame. 

If the parties do not agree on a mediator from the list of CAS-approved mediators, the CAS President will appoint one after consulting with the parties. The appointed mediator will remain impartial and independent of both parties. 

During the mediation, parties may be represented or assisted. If a party is being represented, the other party, the mediator, and CAS must be notified in advance. Additionally, the representative must have full written authorization to settle the dispute on behalf of the party they represent. 

Conduct of mediation 

As outlined in Article 8, unless the parties have agreed to a specific procedure, the mediator determines how the mediation will proceed, following the CAS Mediation Guidelines. Upon appointment, the mediator will establish the terms and timeline for submissions from each party. The statement summarizing the dispute must include certain prescribed details. 

Each party is required to cooperate in good faith with the mediator and ensure that the mediator is free to carry out their role effectively. The mediator is also allowed to offer suggestions as they see fit and may communicate separately with the parties at any point if it is deemed necessary for the process. 

What does the mediator do? 

The role of the mediator is defined in Article 9, which focuses on facilitating the resolution of the dispute. Specifically, the mediator’s responsibilities include identifying the issues in dispute, helping the parties discuss these issues, and suggesting possible solutions to reach a settlement. 

Confidentiality of the proceedings 

The parties, their representatives, advisers, and the mediator are required to sign a confidentiality agreement and are prohibited from disclosing any information shared during the mediation to third parties, unless legally obligated to do so. 

Furthermore, unless required by law or agreed otherwise by the parties, a party in the mediation cannot force the mediator to disclose any records, reports, or documents, nor can they compel the mediator to testify about the mediation in any arbitral or judicial proceedings. 

Any information shared by one party may only be disclosed by the mediator to the other party with the consent of the party that provided the information. Additionally, except for personal notes taken by the mediator or the parties, no recordings (audio or video) or transcripts of the mediation meetings will be made. 

How does it end? 

Either party can terminate the mediation proceedings at any time. 

The mediation is considered terminated when the parties sign a settlement, when the mediator issues a written declaration stating that further mediation efforts would not be effective, or when one or both parties submit a written declaration that the mediation is ended. Mediation may also end if one or both parties fail to pay their share of the mediation costs within the specified time frame. 

If a settlement is reached, it is drafted by the mediator and signed by both parties and the mediator. In the event of a breach of the settlement, the parties may agree to resolve the case through CAS arbitration. 

Recourse to arbitration? 

If a settlement is not reached, as outlined in Article 13, the parties may resort to arbitration, provided there is an existing arbitration agreement or clause. The arbitration clause may be included in the mediation agreement. In such cases, the expedited procedure described in Article R44, paragraph 4 of the Code of Sports-related Arbitration may be applied. 

Note: This text does not constitute legal advice but reflects the personal opinion of the author.