Re: Winter 2014/15 | Page 100

Why mediation matters World-famous golfer Rory McIlroy has failed to resolve his dispute with his former agent Horizon Sports Management and two other companies through mediation and is now facing a full hearing next year. Mr McIIroy is in a dispute over fees, with the golfer claiming that the representation agreement signed by him is invalid and unenforceable on a number of grounds, including that he did not receive independent legal advice before signing it. However the agent and other companies claim that the contract is valid and enforceable, and that Mr McIlroy owes them more than €2m (£1.6m) under the agreement. The judge at the Commercial Court suggested to both sides that they try to settle the dispute through mediation, to try to avoid the matter going to trial. However, although the parties attended mediation, they were unable to come to a settlement. They now have to prepare for a full trial. 100 Why mediate? Mr McIlroy followed the judge’s suggestion to mediate and although in his case mediation was unsuccessful, the majority of disputes that go through mediation can be settled. Mediation involves an independent mediator going between the parties to try to come to a settlement or resolve some aspects of the dispute. A mediator can bring a new and independent perspective to the F