LUIS MILLAN MONTREAL
When Jocelyn Addison, the
2008 Taekwondo Commonwealth Champion and 2006 Pan-American Championships gold
medalist, was not among the athletes recommended by his sports
federation to receive financial
assistance from Sport Canada for
his training and competition
needs, he fought back and took
the matter before the Sport Dispute Resolution Centre of Canada (SDRCC).
Much was at stake. Without
financial assistance, or “carding”
as the amateur sports world calls
it, the careers of international caliber athletes like Addison are in
jeopardy. In a 14-page ruling
issued by an arbitrator in mid-April that provides a fascinating
glimpse of the enigmatic inner
workings of the amateur sports
world, Addison won his case, but
at the expense of another taekwondo athlete who lost his funding for this year due to the limited
number of “cards” available.
An independent non-profit
corporation created by federal
legislation and funded by Sport
Canada, the SDRCC helps to settle
the singular disputes that arise in
the world of sports through its
roster of 45 arbitrators and medi-
ators. While anti-doping viola-
tions tend to attract the most pub-
lic attention, the SDRCC is also
called to resolve disputes sur-
rounding team selection, carding
or disciplinary issues when ath-
letes can muster the courage to
lodge a complaint and face the
lingering possibility of retribution.
“These disputes have
the potential... to
derail everything
that this young
person has been
working towards...
“In sport, you either win or you
lose,” said Asselin, who is taken
aback by the number of disputes
that are solved through mediation.
“People (in the sports world) have
the habit of approaching conflicts
as battles to be won so they hold to
their positions steadfastly. Rarely,
at least initially, will they ever see
mediation as a possible way of
resolving their conflict.”
Stephen Drymer sees the
dynamics at work first hand. The
co-chair of the international arbi-
tration team at Ogilvy Renault in
Montreal, Drymer regularly
serves as an arbitrator and medi-
ator for the SDRCC as well as the
Court of Arbitration for Sport in
Lausanne, an international arbi-
tration body whose authority and
decisions have been confirmed by
appellant courts and whose juris-
diction is recognized by Olympic
sports and organizations such as
FIFA, the governing body of
international football.
Springbok ADR Services Inc.
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Irving Feldman, President
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4950 Yonge Street, 4th Floor
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Attacking the mediation fortress of confidentiality
The fortress of confidentiality in
mediation, when originally built,
was thought to be impregnable.
What happened in mediation
stayed within the walls of mediation. Slowly, hoards of lawyers
gathered to attack led by the most
ruthless of tribes, the American
and Canadian lawyers.
Originally, if an agreement to
mediate was signed, or a statute
was passed, that all documents and
communications were confidential
to the parties involved and could
not be used in any way outside the
DAVID
BRISTOW
mediation for any purpose, the
agreement or statute held. The
reason was very simple. Mediation
was to resolve matters before court
or arbitration or any other final
resolution process. Parties were to
be open with each other, and particularly with the mediator. With-
Gus Richardson is pleased to offer his services as an arbitrator and
mediator throughout the Maritimes and Ontario from his Halifax
practice, Ad+Rem ADR Services. + With over 20 years litigation
experience at all levels of courts in Nova Scotia and Ontario, Gus
is also a Nova Scotia Small Claims Court adjudicator. Gus brings
those skills to his practice as an arbitrator and mediator in labour,
insurance, personal injury, commercial and condominium disputes.
www.gusrichardson.com
phone 902.422.6729
email gus@gusrichardson.com
out this agreement, it would be
very difficult to get to the real facts
and merits of each case.
The flag of confidentiality flew
above each dispute and the parties
took comfort in the fact they could
see it flying before, during and
after the mediation.
The attackers, however,
developed a deep discontentment
with the flag flying at all times and
began agitating for times and circumstances where the flag would
be lowered in any combat. As time
went on, a confidentiality agreement or statute was found not to
be binding when there was criminal activity involved, mental
incompetence, violence, fraud or
duress, or where a party was not
mediating in good faith.
One such combatant got over
the wall of confidentiality in a California action in November 2009,
in Cassel v. Wasserman Comden,
— a strange episode in Los Angeles.
Cassel engaged the law firm of
Wasserman, Comden to act for
him in a mediation which was settled at the mediation in his favour
for $1.25 million. Cassel then sued
his lawyers for malpractice, claiming they had forced him to sign the
settlement agreement for less than
the amount he told them was
See Confidentiality Page 13
