Mediator's Personality in Specific Legal Disputes: Sports Related Disputes and Healthcare Related Disputes

AuthorMarina Kamenecka-Usova - Karina Palkova
PositionMag.iur., LLM in Commercial Law, PhD student at Riga Stradins University & lawyer, Latvia - Mag.iur., LLM in Commercial Law, PhD student at Riga Stradins University & lawyer, Latvia
Pages5-18
JURIDICA
5
Studies and Articles
Mediator’s Personality in Specific Legal
Disputes: Sports Related Disputes and
Healthcare Related Disputes
Marina KAMENECKA-USOVA
1
, Karina PALKOVA
2
Abstract: Mediation is the most amicable alternative dispute resolution method, not mentioning such
advantages as confidentiality, opportunity for the parties to find mutually beneficial solution by
themselves and possibility for the parties to presume good relationships after reaching a con sensus. In
order to end up with consensus, mediation process has to be built o n the skills and expertise of a
mediator, a third party facilitating the communication and organizing the whole process. This article
shall focus o n the mediator’s personality, i.e., skills and expertise, required to assist parties in rather
specific legal disputes, such as sports related disputes and healthcare related disputes, where according
to the authors industry expertise is needed in order to perform mediator’s du ties. Also article shall
delve into defining spo rts related disputes and healthcare related disputes in order to show the reader
the diversity of such legal conflicts and challenge the view that mediator shall only have good skills
and knowledge of the mediation process, where substantial knowledge of the dispute field is not
required.
Keywords: alternative dispute resolution, mediator’s skills and expertise, reaching a consensus in sport
and medicine
1. Introduction/Theoretical Background
The reports of the Program on Negotiation of the Harvard Law School and series of
Norm Brand’s articles on mediation were an illumination to do a research about the
subject claimed in the title of this article. The importance of the alternative dispute
resolution (hereinafter- ADR) methods today is incontestable. ADR answer the
1
Mag.iur., LLM in Commercial Law, PhD student at Riga Stradins University & lawyer, Latvia,
Address: Dzircie ma 16, LV-1007 Riga, Latvia, Tel.: +371 29220814, Corresponding author:
marina_k.usova@yahoo.com.
2
Mag.iur., LLM in Commercial Law, PhD student at Riga Stradins University & lawyer, Latvia,
Address: Dzirciema 16, LV-1007 Riga, Latvia, Tel.: +371 29890093, E-mail:
karina.palkova@inbox.lv.
AUDJ, vol. 13, no. 2/2017, pp. 5-18

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