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Dispute Resolution Secretariat (Tribunal)
Resolution Facilitation
Resolution facilitation is one of four dispute resolution methods offered by the SDRCC, the other three being Mediation, Med/Arb and Arbitration. It is a process whereby effective communication and the interests of the parties take precedence over all other factors.
Resolution facilitation is an assistance process that allows the parties involved in a dispute to communicate more effectively and work towards an agreement. The resolution facilitator is a neutral "process manager," whose role is to try to help the parties to better communicate with each other and to resolve their dispute through an amicable settlement. Should such a settlement not be possible, the resolution facilitator helps the parties understand the other options offered by the SDRCC to settle the dispute.
The key aspects of resolution facilitation can be summed up as follows:
- Free of charge
- Completely confidential: no information revealed or discussed during the resolution facilitation process can be used against the parties or released publicly without the agreement of all parties
- Neutral and impartial resolution facilitator: he/she does not represent any party in a conflict
- Available at all times, even prior to the submission of a Request to the SDRCC
- Based on communication and the interests of the parties
- Simple and informal
- Effective: should the parties in conflict not be able to find common ground with the help of the resolution facilitator, they will still have acquired a better understanding of the issues and conflict resolution options available to them
- No obligation to settle the conflict during the resolution facilitation meeting
- No obligation to settle the conflict through an alternative method (arbitration, med/arb or mediation) if the resolution facilitation does not conclude with an agreement
Why does the SDRCC offer resolution facilitation?
The SDRCC's experience in managing dispute cases has allowed it to recognize the following:
- all cases involve emotions and are influenced by each party's perceptions;
- an exclusively legalistic approach (based on the parties' rights and the proof of these rights) does not always respond to their needs;
- the parties sometimes lack information about the other conflict resolution processes available: advantages, limits and functioning;
- the parties sometimes have trouble evaluating which conflict resolution process will best respond to their needs and desired outcome;
- the parties sometimes have difficulty with the implementation of a decision rendered by one of our arbitrators.
Resolution facilitation is the SDRCC's response to all of these observations.
When does the resolution facilitator (RF) intervene?
The RF is available AT ALL TIMES . The role of the RF was introduced to address the needs of the sport community at any stage of a dispute:
- Prior to submitting a Request to the SDRCC, through a resolution facilitation request;
- Upon submitting a Request to the SDRCC (it is mandatory when parties choose arbitration as the dispute resolution process;
- During arbitration proceedings, the parties always have the option to request the assistance of the RF at any time prior to an award being rendered by the arbitrator.
- Following publication of the award rendered by the arbitrator, the RF can assist a party in understanding the award.
Click here to download the Resolution Facilitation Request Form.
