To tackle the escalating number of contract disputes involving college athletes, a fresh initiative is stepping in as a viable, cost-effective solution. Introducing FAIR (Forum of Arbitration & Independent Resolution) Sports, which is gearing up to launch this spring. This timely launch aligns with the recent federal court approval of the much-anticipated House v. NCAA settlement. Established in November as a Delaware public benefit corporation, FAIR Sports operates with a unique commitment to serving the common good. Its mission? To offer specialized arbitration and mediation services for disputes that lie outside the NCAA’s enforcement reach—think issues involving schools, NIL (Name, Image, Likeness) collectives, and other third-party agreements.
At the helm of FAIR Sports are co-founders Tim Nevius and Tye Gonser, seasoned professionals deeply ingrained in the sports landscape. Nevius isn’t just a former NCAA enforcement official; he’s also a passionate advocate for college athletes’ rights and has extensive legal experience under his belt. Prior to launching his own practice aimed at supporting college athletes facing eligibility challenges, he was notably involved in investigating high-profile cases, such as Ohio State’s notorious “tattoo gate.” Gonser, a prominent sports lawyer based in Los Angeles, has carved out a niche representing athletes like Chicago Bears quarterback Caleb Williams. His expertise includes co-authoring a pivotal 2017 white paper that outlined a framework for NIL in college sports.
In an insightful phone interview, Nevius shared that the spark for FAIR Sports ignited months before the House settlement announcement. “When we started reviewing some of these NIL agreements, it struck us that as the industry evolves toward revenue sharing, we could be facing a surge in disputes,” he explained. His insight draws from experience where arbitration has become an integral part of professional sports leagues, indicating a growing necessity for similar frameworks in college athletics.
Nevius has indicated that FAIR Sports is eager to be recognized as a designated arbitration service provider under the House settlement, allowing athletes and institutions to contest any penalties imposed by the NCAA for illicit payments under the settlement’s guidelines. However, he emphasized that these cases will only represent a fraction of FAIR Sports’ overall focus.
FAIR Sports is set to establish itself as the go-to venue for alternative dispute resolution (ADR) concerning athlete contracts. Excitingly, they’ve noted that some existing revenue-sharing contracts already mention FAIR Sports as the arbitration provider, signaling a promising start. Nevius is keen to point out that they aim to keep costs manageable and as transparent as possible, emphasizing the need for a service that athletes can afford and trust. “We’re committed to keeping our costs low. After all, our goal is to create a fair playing field for everyone involved,” he stated.
The recently launched FAIR Sports website showcases a roster of impressive advisors, including former Notre Dame athletic director Jack Swarbrick and Oliver Luck, the ex-NCAA official who also served as the athletic director at West Virginia. However, in order to maintain impartiality, neither Nevius nor Gonser will partake in the actual arbitration process—this crucial responsibility will fall to independent third parties known as “neutrals.”
So far, FAIR Sports has assembled a roster of 11 neutrals that include distinguished figures like Gabe Feldman, who heads the Tulane Sports Law Program, former NBA chief legal officer Jeffrey Mishkin, and Richard McLaren, a past commissioner of the World Anti-Doping Agency. Nevius shared that they’ll be adding even more neutral arbitrators soon, ensuring a diverse and knowledgeable panel to oversee disputes.
In the realm of sports-related alternative dispute resolution, the American Arbitration Association (AAA) and JAMS have long been the dominant players. Recently, the AAA announced new guidelines specifically aimed at handling NIL disputes. Interestingly, just this year, the United States Olympic and Paralympic Committee made a significant move by switching its arbitration service provider to New Era ADR, a burgeoning Chicago-based firm that has piqued interest in the college athletics space. New Era’s founder, Collin Williams, shared in a phone interview that his organization is “incredibly interested” in the potential to engage in disputes related to college athletes’ revenue-sharing agreements.
Since the NCAA passed its interim NIL policy back in July 2021, the landscape has shifted dramatically, and with that shift has come a host of controversies over the terms and enforcement of athlete agreements. At present, two lawsuits in Florida exemplify this turmoil, with athletes challenging coaches from FSU and UF over NIL arrangements. However, these cases face obstacles related to Florida’s sovereign immunity protections, which complicate civil litigation against public agencies and their employees.
Given these circumstances, many public universities may hesitate to abandon their legal safeguards by explicitly integrating ADR provisions into revenue-sharing contracts with athletes. For instance, a recent report in *Sportico* highlighted that a Big Ten university’s revenue-sharing agreement utilized a league-provided template that opted for “good faith negotiations” instead of specifying arbitration, leaving the door open for traditional court disputes.
The introduction of FAIR Sports couldn’t be more timely. Athletes and institutions are clearly in need of an accessible and efficient pathway to resolve conflicts that arise amid the rapidly evolving landscape of college sports. By creating a framework that prioritizes low costs and independence, FAIR Sports aims to help athletes navigate disputes with clarity and confidence. As they launch this innovative service, the hope is that it will fundamentally reshape collegiate athletics’ approach to conflict resolution, benefiting everyone involved directly—from the athletes to the institutions and beyond.
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