FIFA Releases Guidelines for Mediation Proceedings

The Federation Internationale De Football Association (FIFA) has released guidelines for FIFA mediation proceedings after conducting a consultation in this regard. As per the guidelines, only matters covered within the Football Tribunal’s jurisdiction can be resolved through mediation. To ascertain whether the parties can opt for mediation and whether the matter falls within the tribunal’s jurisdiction (and hence, can be decided through mediation), the relevant procedural rules and the FIFA Regulations on the Status and Transfer of Players (RSTP) have to be referred to.

The parties are at liberty to opt out of mediation at any stage of the proceedings and are not required to pay for the FIFA mediation proceedings; the expenses for the same would be borne by FIFA.

A mediator would be nominated from a list of approved mediators issued by FIFA after which a mediation agreement is required to be signed by the parties. During the proceedings, the parties may choose legal representatives to act on their behalf.

The process of mediation is deemed to conclude in circumstances when a settlement agreement is signed, there is a breach of the mediation agreement, or a settlement cannot be arrived at, etc. The settlement agreement has to be in the prescribed form and the signed agreement should then be forwarded to FIFA for confirmation upon which it will be treated as the final decision of the Football Tribunal.