THE HERALD WRITES

Rugby at war as SRU refuse to mediateNEIL DRYSDALE July 18 2007
The Scottish Rugby Union yesterday withdrew the olive branch it had extended to Edinburgh last week by rejecting mediation between the two parties, as the internecine warfare within the sport increasingly threatens to spill into the courts.

The governing body had seemed to be interested in negotiation rather than litigation a few days ago, but Murrayfield officials have been appalled by the release of significant amounts of leaked material to certain media outlets, and have decided that there is no point trying to engage in rational debate with Edinburgh's volatile co-owner, Bob Carruthers.

Yesterday, the SRU issued a statement, which testified to the depth of their frustration and anger at the way this issue has been allowed to develop. "Following the continued and extensive leaks to the media of confidential information and documentation in regard to the relationship between Scottish Rugby and Edinburgh Rugby Ltd, we have concluded today that mediation is no longer an option," said the release.

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"Scottish Rugby takes very seriously any failure to abide by confidentiality agreements in regard to contracts and correspondence and believes the resulting publicity these leaks create is most unhelpful for the sport at all levels.

"Various members of Scottish Rugby and Edinburgh Rugby Boards have been in discussion since the end of last year, but despite some significant financial concessions by us, agreement could not be achieved. This, together with our confidence in our robust contractural position, had led the national governing body to conclude that mediation will not achieve a compromise which is acceptable to both parties."

Our door remains open, but in the absence of an offer to mediate or negotiate directly, we will assert our rights in the courts


After speaking privately to an SRU spokesperson last night, it seems obvious there is disbelief within the organisation at some of the conflicting statements and contradictory arguments which have emanated from the Carruthers brothers at regular intervals, and the union's stance boils down to their straightforward conviction that while legal action may be unfortunate, it is the only means by which they will be allowed to present their arguments without fear of spin or manipulation.

Although their critics may view this ongoing dispute as preventable, especially with Oceania's Commonwealth Games inspectors in Scotland this week to study Glasgow's 2014 bid details, there remains such a gulf between the two bodies that reaching a settlement always threatened to be elusive.

Edinburgh, who are seeking more than £1m from the governing body in what they claim are overdue Heineken Cup and Magners League payments, appear to be losing patience as well, judging by the tone of their response which was issued within less than hour of the union's announcement.

"We deeply regret that the SRU has rejected our offer of mediation. This offered the chance of a win-win outcome to this dispute and the possibility of a creative solution to the current impasse," said an Edinburgh spokesman.

"Our door remains open, but in the absence of an offer to mediate or negotiate directly, we will assert our rights in the courts. To set the record straight, a claim is being prepared in respect of shortfalls in payments due by the SRU to Edinburgh, failure by the SRU to comply with contractural obligations and also in respect of a breach of warranty. The claim will run into seven figures.

"It is clear that litigation is not in the best interests of professional rugby in Scotland, or Scottish rugby in general, and litigation should always be the option of last resort. Unfortunately, we are left with no option but to litigate, but Edinburgh calls upon the Scottish Rugby Council to review the position of the SRU executive and persuade them to go to mediation in the interests of rugby in Scotland."

Given these entrenched positions, it seems unlikely that any sensible decision will be reached without outside involvement.

One trusts that now that Stewart Maxwell, the sports minister, has returned from his annual leave, that he can crack a few heads together before the sport self-implodes.

This article was posted on 18-Jul-2007, 07:12 by Hugh Barrow.