New body designed to avoid recourse to court

SPORT AND THE LAW: All facets of Irish sport are expected to benefit from the establishment of a new, independent dispute resolution…

SPORT AND THE LAW:All facets of Irish sport are expected to benefit from the establishment of a new, independent dispute resolution service, launched yesterday. Just Sport Ireland (JSI) is intended, over time, to change the landscape of the dispute and resolution process of Irish sport: ie, essentially, to keep it out of the courts.

JSI will be administered by the Federation of Irish Sports - founded in 2002, and now with 62 governing bodies affiliated, including the GAA, IRFU, and FAI - supported by the Irish Sports Council (ISC) and the Bar Council. Inspired, in part, by the international Court of Arbitration for Sport (CAS), it is intended to deal with issues ranging from disciplinary matters, eligibility, admission to competition, composition of leagues or registration.

The only exceptions are doping issues (which remain the remit of the ISC) and employment issues (which means, for example, Steve Staunton would have no use of the JSI). Attending the launch in Croke Park yesterday was Attorney General Paul Gallagher SC, who predicted a bright future for JSI: "What I think will make this a successful initiative is the quality of people that are associated with it," he said. "And the quality of people that will see it implemented. The whole concept of sport and litigation sit uneasily, but that is not to say that people in sport do not, from time to time, have genuine grievances.

"The challenge which has not been met up until now is to find a mechanism for resolving those grievances in a way that is consistent with the spirit of sport, and avoids the unnecessary trappings of litigation.

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"There are a number of features, in both the mediation and arbitration aspect, that in my view make this a most suitable mechanism. You also have the advantage of specialisation, with the people involved in resolving the disputes having a knowledge and understanding of the issues."

Sarah O'Connor, chief executive of the Federation of Irish Sports, will also act on the JSI board of directors.

"It's a long-overdue development," she said. "And JSI will be at its most effective when it becomes part of most sporting organisations.

"But it's up and running and ready to accept a case should one arise in the morning. There are just over 60 sporting bodies that form the membership of the federation, and it's been a perceived need for all those sports. We have had talks with the FAI, and will talk with the IRFU next, but it's certainly there for everybody.

"It's not set up to compete with the internal procedures of the other organisations, but we do hope that in time our track record will be such that it will be desirable for them to come to JSI, particularly because we can offer an independence that perhaps wouldn't be available within their own remit.

"The normal arbitration procedure will be done within two months, but there's an expedited procedure available, if that needs to happen, say for a player to be cleared for some competition. We'd be happy to deal with that.

"The aim is to keep costs as low as possible. It will cost about €100 to initiate a mediation, and about €250 to initiate an arbitration. JSI will operate on non-for-profit basis."

Ercus Stewart SC, the first chairman of JSI, outlined the purpose and future of the service: "I see this as becoming the standard, across the board, within a matter of years. What will happen is that the federations will put one more rule in their book, that anybody with a dispute within the organisation goes to the JSI. So in fact nearly every dispute will eventually end up with us.

"If the parties chose mediation, and agree on that, then that's put into writing, and is binding. If they go to arbitration, then someone like myself would hear both sides, make a decision, and that's binding.

"The IRFU are probably going to get involved, and the FAI will come on board as well over time. But essentially it's the medium-sized governing bodies that's driving this. We're not making it free, which will only attract all the frivolous claims, but the people involved will be putting the time in."

JSI has been set up as a company limited by guarantee. Its board of directors are: Ercus Stewart SC; Debbie Massey (chief executive, Basketball Ireland); Derek Brennan (president, the Federation of Irish Sports); Sinead O'Connor (sponsorship and finance manager, Cumann Camogaiochta na nGael); Jim Glennon; Paddy Boyd; Roderick Maguire BL; Sarah O'Connor (chief executive, the Federation of Irish Sports).

JSI has set up two specialised panels of mediators and arbitrators, all totally independent but with an interest or experience of sport.

Full details of JSI can be found at www.justsport.ie

Ian O'Riordan

Ian O'Riordan

Ian O'Riordan is an Irish Times sports journalist writing on athletics