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

• Author: Marina Kamenecka-Usova - Karina Palkova
• Position: Mag.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
• Pages: 5-18

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