Alternative Dispute Resolution (ADR) mechanisms are a substitute to the formal procedures used by judicial courts. Over the years, ADR has developed in a variety of directions and has come to encompass a range of procedures other than court litigation, including negotiation, mediation, conciliation, expert determination, and arbitration. These types of procedure are becoming increasingly popular in various legal systems around the world, even expanding into areas such as intellectual property (IP) and new technologies. While ADR comes in many variations, the most widely used ADR mechanisms are arbitration, mediation, and expert determination.
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‘Baseball arbitration’, or ‘final-offer arbitration’, is a form of arbitration wherein the Arbitrator is limited to choosing a final offer made by the parties involved in the arbitration proceeding. The parties of a dispute each prepare and submit a proposed ‘final offer’ at the outset of the proceeding to the Arbitrator. The Arbitrator shall then conduct a full hearing wherein the parties’ arguments will be heard, and subsequently, will choose one of the parties’ proposed offers.
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Mediation is a flexible and non-binding procedure, in which a neutral intermediary, the mediator, assists the parties in reaching a mutually satisfactory solution to the dispute.
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The Court of Arbitration for Sport (CAS), known in French as Tribunal Arbitral du Sport (TAS), stands as the paramount authority in resolving disputes related to classical sports.
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