Sport Officials Canada Dispute Resolution: Helping Both Teams Win Marie-Claude Asselin, Executive Director Julie Stronach, Education & Communication Coordinator September 24 th, 2011

 Welcome  Brief Intro to SDRCC  Mediation Role Play  Case Scenario(s)  Disputes in the Officiating Environment  Question Period PLAN

 Not For Profit Organization  Head Office - Montreal  100% Funded by Sport Canada  Prevention and Resolution of Sport Disputes  Services at the National Level  Services in both Official Languages WHAT IS THE SDRCC

WHO IS THE SDRCC  5 Full-Time Employees  46 Professional Arbitrators and Mediators (Located Across Canada)  Volunteer Board of 12 Persons (Ministerial Appointments)

 Resolution Facilitation (RF)  Mediation  Arbitration  Med / Arb TRIBUNAL SERVICES

As you move from left to right: Costs escalate Takes longer to resolve More formality More complexity Greater involvement of third parties Greater potential for damaging relationships Greater focus on who is right and wrong as opposed to practical solutions THE DISPUTE RESOLUTION SPECTRUM MED/ARB TRIALPREVENTIONARBITRATION ADMINISTRATIVE HEARING MEDIATION/ RESOLUTION FACILITATION NEGOTIATION

TRIBUNAL PRINCIPLES Independence Access (low-cost, time-efficient) Parties’ Agreement Scope of Review: Trial de Novo Deference Final and Binding

Dispute Prevention For Officials

What is a dispute?  Originates from disagreements  A statement/claim by one party that is contradicted by another = disagreement  Disagreements turn into DISPUTES when a party: Cannot live with the consequences Insists on having it resolved

Types of situations that may be at the origin of disputes for officials:  Selection  Accreditation  Field of Play Protest  Disciplinary Sanctions

Discipline Role Play Scenario

An official appealed through her NSO’s internal appeal mechanism, seeking to over turn a decision not to name her as an official for the 2004 Olympic Games. Following the denial of her appeal, she filed a request with the SDRCC. She failed to do so within the prescribed 21-day period through no fault of her own: her lawyer had been busy with other cases. The case was put before a jurisdictional arbitrator to determine if the claimant’s request was valid. Scenario #1 Selection

 The rules allow for exceptions to be made to time limits under special circumstances. What do you think those special circumstances may be?  What do you think the jurisdictional arbitrator ruled in this case?  What can be done by officials to avoid putting themselves in selection disputes? Questions for Group Discussion Selection

Learning Risks are reduced when:  The selection/accreditation policy provides for a fair process;  The selection/accreditation criteria and policies are clearly communicated in writing and respected;  The officials know and understand the criteria and policies applicable to them. Selection & Accreditation

You are at a national competition where you find yourself assigned to a match where one of the competitors is a former athlete of yours, someone you’ve coached. You proceed to officiate this match. Your former athlete wins, but the outcome is not without some controversy. The losing athlete and his entourage get wind of the fact that you, the official, were once the coach of the winner. They file a protest on the grounds that you were not impartial. Scenario #2 Field of Play

Scenario Discussion  How would you define impartiality? And do you think that the official in this scenario met your definition?  Under what circumstances can the decision of an official be overturned by an appeal panel or tribunal  What are the steps to avoid being found in a situation where someone may perceive bias? Field of Play

When a decision of the official is contested by a participant risks are reduced when:  Officials avoid putting themselves in situations where their objectivity can be questioned (e.g. conflict of interests);  Officials appointed to an event have the skills and competencies appropriate for the level of competition. Field of Play Protests Field of Play

Dispute Resolution

Two roles of officials: 1) An official in a leadership role 2) An official as a 3 rd party intervener Disputes in the Officiating Environment Reference : SportsQuebec, Multisport Training for Officials, Conflict Management and Resolution

Leadership Role : Conflict Prevention Disputes in the Officiating Environment Lead by example Cultivate an atmosphere of confidence and respect Recognize common sources of conflict Changes cause disruptions; have a plan Build conflict management skills among your officials Reference : SportsQuebec, Multisport Training for Officials, Conflict Management and Resolution

Leadership Role : Conflict Management Disputes in the Officiating Environment Intervene early when possible Provide a safe channel for officials to report issues (without fear of punishment) Follow up in an impartial, confidential and timely fashion Ensure the proper conduct of any proceedings Reference : SportsQuebec, Multisport Training for Officials, Conflict Management and Resolution

3rd Party Mediator Disputes in the Officiating Environment Be neutral and impartial –Ignore personal views and opinions –Keep the process “just” allowing both parties to feel secure Facilitate communication –Manage emotions / be empathetic not sympathetic –Assist parties to see beyond their personal perspective –Help clarify issues discussed

Test Your Knowledge : MEDIATION

Questions?