CSA rejects offer of early mediation on turf issue

Time working against both sides as tournament nears

The stalemate continues over artificial turf at the Women’s World Cup with the Canadian Soccer Association rejecting an offer of early mediation.

The Human Rights Tribunal of Ontario had proposed the mediation “to provide the parties with an opportunity to resolve the matter in a timely way.” Adjudicator Jo-Anne Pickel made the offer Friday after turning down a request from a group of elite players for an expedited hearing on their legal challenge.

Pickel said in her interim decision that both the women and CSA had indicated in their filings that they would be willing to go to mediation.

A lawyer for the women quickly confirmed its willingness to take part in mediation. But the CSA, in keeping with FIFA’s position there is no Plan B to using artificial turf, subsequently declined.

The CSA did not deny its position had changed. Its position Friday was there is no need for mediation since the complaint itself has no merit.

“Either the tribunal was misled by CSA or it was mistaken in a fundamental way that clearly requires revisiting the players’ request to expedite,” Hampton Dellinger, lawyer for the players, said in statement Friday evening. “Whichever is the case, we will ask the tribunal to reconsider its decision not to hear the application on a fast-track basis.

“The tribunal’s decision was based on a false assumption that CSA was willing to join the players at the negotiating table. Clearly that is not the case. A hearing on the merits is now more important than ever.”

American star Abby Wambach and a group of other elite female players lodged their complaint Oct.1, arguing forcing them to play on artificial turf was discriminatory since men play their event on natural grass.

The CSA rejects that, saying the world governing body of soccer sanctions playing on artificial turf as long as it meets certain standards. FIFA, meanwhile, has argued that artificial turf makes sense for Canada’s climate while suggesting a men’s World Cup could be played on approved turf “sooner rather than later.”

In filing the turf complaint, lawyers for the players asked to fast-track proceedings so arguments could be heard by Nov. 26 in order to have enough time to install grass surfaces by the June 6 start of the 24-country tournament.

The CSA, which doubles as the tournament’s national organizing committee, opposed the request. It argued both that the claim had no merit and the players had dragged their feet in filing it.

With no mediation and no fasttracked hearing, the complaint will presumably wind its way through the human rights tribunal calendar.