Regulations

Regulations for Mediation Proceedings at the Sports Mediation Center

§ 1 Scope of the Center’s Activities

1. The aim of the Sports Mediation Center, hereinafter referred to as the “Center”, is to assist the sports community in resolving conflicts arising in connection with both professional and amateur sports practice, through the use of mediation.
2. The Center conducts mediation proceedings at both pre-litigation and litigation stages in a wide range of sports-related matters, with the exception of disciplinary cases and cases related to doping.
3. Center conducts mediation proceedings onsite and remotely anywhere in the world. An agreement can also be reached on a landline or electronically. The details of its conclusion are agreed directly by the disputing parties.
4. The Center offers the highest quality of mediation conducted by experienced, professionally trained mediators knowledgeable in sports law and the specifics of sports-related issues.

§ 2 Basic Principles of Mediation Proceedings

1. Mediation proceedings are voluntary, meaning each Party must agree to participate in the mediation and accept the mediator.
2. The mediation process is confidential, ensuring discreet resolution of disputes for the parties.
3. Information provided to the mediator by the parties or other participants in mediation cannot be disclosed. The duty of confidentiality continues even after the mediation process has concluded unless the parties decide otherwise.
4. Due to the confidentiality of the process, recording the mediation in any form is strictly prohibited.
5. If no agreement is reached, it is ineffective to refer in court to mutual concessions and proposals made during the mediation.
6. The mediator remains impartial and neutral throughout the mediation proceedings.
7. The mediator can suggest solutions which are not binding. Only the parties decide on the manner of dispute resolution.
8. Mediation proceedings are conducted in accordance with the applicable legal regulations and mediator’s professional standards.

§ 3 Initiation of Mediation Proceedings

1. Parties or one interested party submitting a dispute to mediation shall file a request for mediation proceedings (mediation request) to the Center.
2. The request can be filled out online or using a form and sent to the Center in any way, i.e.,
   1. by traditional mail to the Sports Mediation Center Dauerman, ul. Powstańców Śląskich 9, 53-332 Wrocław,
   2. or by email to office@sportsmediationcenter.com. For difficulties or doubts in filling out the request, please contact the Center at +48 71 780 40 80.
3. When submitting a mediation request, a fee must be paid according to the fee schedule, depositing it into the Center’s bank account, i.e., 03 1090 2590 0000 0001 3123 1534.
4. The request fee is non-refundable.
5. A Center employee will confirm receipt of the mediation request and payment of the fee.
6. If one party submits the request, it authorizes the mediator to contact the other party and obtain their consent to participate in the mediation proceedings (authorization in the request content).
7. A correctly filled and paid request is forwarded to the Center’s Director to begin mediation proceedings.
8. The Center’s Director will contact the parties by phone to determine the details of conducting the mediation. If necessary, the Director may request additional information or documentation deemed necessary for proper mediation proceedings.
9. If the other party refuses to participate in mediation, the mediation proceedings will not be conducted. The initiating party will receive written confirmation of the attempt to submit the dispute to mediation, which was unsuccessful.

§ 4 Conducting Mediation

1. Once both parties consent to mediation, the mediator sets a convenient date for the first mediation session.
2. Mediation sessions can be individual (with only one party) or joint (with both parties).
3. The mediator decides the method of conducting the mediation.
4. The number of mediation sessions depends on the nature of the case, the number of disputed issues, and the number of participants.
5. The duration of a single mediation session is up to 4 hours. At the parties’ request and with the mediator’s agreement, two sessions can be held in one day.
6. In necessary cases, mediation can be conducted using communication tools agreed upon by the parties and the mediator.
7. Participants in the mediation proceedings include the parties (personally or represented by professional attorneys) and the mediator. Other individuals, indicated by the parties, whose presence may contribute to resolving the dispute (mediation participants), may also participate.
8. Mediation proceedings are conducted at the Center’s premises. In exceptional cases, upon the parties’ request, another location for conducting mediation can be determined. In such cases, the parties will cover the agreed costs of the mediator’s travel and room rental.
9. The language of mediation proceedings is English. At the parties’ request, in necessary cases, an interpreter may participate in mediation. In such cases, the parties will cover the interpreter’s costs.
10. The mediator may take notes for personal use during the mediation, which will be destroyed after its conclusion.
11. If the parties reach an agreement, the mediator prepares a draft of the mediation agreement and sends it to the parties for acceptance and verification.
12. The draft of the mediation agreement received from the mediator should be reviewed by each party’s lawyer (if such an attorney is involved).
13. Upon receiving confirmation that the parties accept the draft agreement, a date for signing the mediation agreement is set. The agreement is signed at a joint mediation session. If not possible, it can be signed remotely.
14. After the mediation proceedings, the mediator prepares a mediation record, a copy of which each party receives.
15. A copy of the record, along with a copy of the request and any agreement, is stored in the Center’s archive for 5 years. These documents may only be made available to the parties or other entities authorized by the parties.

§ 5 Mediator’s Responsibility

1. The mediation proceeding is conducted by one mediator.
2. The Director of the Center, in agreement with the parties, selects the mediator (parties’ consent to the mediator).
3. The mediator conducting the mediation is obliged to inform the participants about the principles of mediation (voluntariness, confidentiality, impartiality, neutrality) and the mediation procedure and obtain their consent to mediation.
4. The mediator oversees the proper conduct of the mediation proceedings.
5. The mediator does not resolve the dispute between the parties, so a lack of agreement in mediation cannot be considered as improper conduct and cannot be a basis for refusing to pay/return the mediation fee.
6. The final form of the agreement (settlement) is decided by the parties, so the Mediator is not responsible for the content of the mediation settlement agreed upon by the parties in mediation or for any refusal of its approval by the court. The draft of the mediation settlement should be reviewed by the party’s lawyer (if involved) before signing.
7. The mediator ensures that the settlement is coherent, understandable, and contains no contradictions.
8. The mediator does not provide legal advice to the parties.

§ 6 Costs of Mediation Proceedings

1. The fee for conducting mediation includes:
   1. Fee for the mediation request
   2. Fee for conducting mediation (mediation sessions)
   3. Fee for preparing the settlement and documents related to the amicable resolution of the dispute.
2. The amount of each fee is specified in the Price List, an annex to these Regulations.
3. The mediation request fee is paid by one party (the party submitting the request to the Center).
4. The mediation request fee is non-refundable.
5. The mediation request fee includes: mediator’s contact with the other party, encouragement to participate in mediation, sending a mediation invitation (by email or in writing), setting a convenient mediation date with the parties and the participants in the mediation proceedings.
6. The mediation fee is paid by each party, in the amount indicated in the Price List.
7. The mediation fee is paid by the parties before starting mediation.
8. The mediation fee includes conducting the mediation proceedings within the mediation sessions (the number of sessions depends on the value of the dispute and is indicated in the price list).
9. The mediation fee consists of: the mediator’s remuneration, costs of premises for mediation (Center’s headquarters), and expenses related to conducting the mediation proceedings (correspondence, office supplies, telephone).
10. If the mediation location is other than the Center’s headquarters, the parties will bear the costs of renting the premises and the mediator’s travel (in the amount previously agreed with the mediator).
11. The duration of a single mediation session, depending on the type of case and the number of participants, is up to 4 hours.
12. A session can be joint (with two parties) or individual, with one party.
13. With the parties’ agreement, the mediation session can be conducted remotely using tools agreed upon between the parties and the mediator.
14. If the parties fail to reach an agreement during the mediation sessions covered by the mediation fee, and the parties wish to continue mediation, they will bear additional costs for this purpose, in the amount agreed with the mediator.
15. The mediation fee covers conducting the mediation proceedings, regardless of the outcome. If there is no agreement and no settlement is reached, it is non-refundable.
16. The fee for preparing the settlement and documents related to the amicable resolution of the dispute includes: preparing the draft mediation settlement, consultations with the parties and their attorneys regarding the final determination of the contents of individual clauses, the mediation session where the settlement is signed, and preparing the mediation record.
17. The parties cover the costs of any legal assistance on their own.

§ 7 Personal Data Protection

In accordance with Article 13(1) and (2) of the General Data Protection Regulation of the European Parliament and Council from April 27, 2016, we inform that:

1. The Personal Data Administrator is the “CENTRUM MEDIACJI SPORTOWEJ DAUERMAN” Foundation, located in Wrocław at ul. Powstańców Śląskich 9, 53-332 Wrocław (building MIDPOINT 71, CITYSPACE I floor), registered in the National Court Register under the number KRS: 0000573893, NIP: 8992772803, REGON: 362437239, email: biuro@centrummediacjisportowej.pl, phone: +48 501 518 391;
2. The provision of personal data by the Party in incoming correspondence or telephone conversation is voluntary, but necessary for the purpose of responding to the presented issue;
3. The processing of the Party’s personal data for the purpose of responding to the presented issue and conducting mediation proceedings is based on Article 6(1)(f) of the General Data Protection Regulation of the European Parliament and Council from April 27, 2016, and in accordance with the principles specified in this Regulation;
4. The Party has the right to access the content of their data, obtain a copy of it, rectify, delete, limit processing, and the right to data portability;
5. The personal data of the Party will be stored for the period necessary to respond to the presented issue;
6. We may share the Party’s personal data with the following categories of entities: Mediation and Legal Office Grażyna Górska, law and mediation offices interested in the case, and the Polish Non-Olympic Sports Committee (PKSN);
7. The Party has the right to lodge a complaint with the President of the Personal Data Protection Office if they believe that the processing of personal data concerning them violates the provisions of the General Data Protection Regulation of the European Parliament and Council from April 27, 2016.