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Guide to SDRCC Proceedings
Guide to SDRCC Proceedings
The SDRCC Proceedings from A to Z:
Who's Who
An SDRCC Proceeding Step-by-Step
Q&A
Who’s Who (expandable section)
Claimant: the party who initiates the proceedings, generally to appeal a decision of the Respondent.
Respondent: the party whose decision is being challenged by the Claimant.
Affected Party: the party at risk of losing a previously granted status or privilege if the Claimant's case is successful.
Representative/Lawyer: an individual designated by a party to speak on its behalf; representatives are not necessarily lawyers, but they can be. Parties who are minors must be represented by an authorized adult.
Resolution Facilitator/Mediator: a qualified mediator acting as neutral third party to facilitate the communication between the parties involved in the dispute and, if possible, help them find an amicable solution.
Arbitrator (also referred to as the Panel): a qualified adjudicator acting as neutral third party to render a final and binding decision on the dispute at hand;
Case Manager (also referred to as the Tribunal): staff member of the SDRCC acting as neutral third party to manage communications between the parties and the arbitrator, maintain the calendar of proceedings and upload documents to the Case Management Portal.
An SDRCC Proceeding Step-by-Step
In SDRCC proceedings, the procedural rules that apply are found in the Canadian Sport Dispute Resolution Code which can be found here. To communicate documents and information during proceedings, the SDRCC uses a secure online platform called the Case Management Portal, where all people involved in a particular case can access their case files 24/7.
For any questions, please do not hesitate to contact the SDRCC Tribunal team.
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STEPS & DESCRIPTION |
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RESOURCES | |
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1. Jurisdiction |
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| Claimant can assess if the SDRCC is the proper forum to handle the case. | Access to SDRCC Services | ||
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2. Request |
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| Claimant to complete the relevant Request form. | Request Form | ||
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3. Answer |
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| Further to the receipt of an Acknowledgement of Receipt, Respondent to complete the Answer form. | Answer Form | ||
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4. *Affected Parties |
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| Affected Parties to complete a Confidentiality Agreement in order to be granted access to the Case Management Portal. |
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So, I am an Affected Party? | |
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5. *Intervention |
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| Affected Party(ies) to complete an Intervention form if wishing to take part in the proceedings. | Intervention Form | ||
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6. *Administrative Meeting |
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| Case Manager to chair a meeting by conference call with parties to explain the SDRCC administrative procedures and answer questions. | Outline of Administrative Meeting | ||
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7. *Resolution Facilitation |
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| Parties to attend a meeting by conference call with a Resolution Facilitator to attempt to find a solution to the dispute without the need for a hearing. | Preparation Tool for Resolution Facilitation | ||
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8. *Preliminary Meeting |
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| Arbitrator to chair a meeting by conference call with parties to address any preliminary issues and to plan the next steps in the proceedings. | Outline of Preliminary Meeting | ||
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9. Submissions |
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| Parties to send to the Case Manager all the necessary documents to be shared with the other parties and the Arbitrator before the hearing. | What are Submissions? | ||
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10. Hearing |
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| Arbitrator to conduct the hearing. | Getting Ready for the Hearing | ||
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11. Decision |
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| Arbitrator to render a short decision, followed by a reasoned award which will be made public. | Jurisprudence Database | ||
* Steps 4 to 8 may not occur exactly in that order, depending on the circumstances and urgency.
