After playing on the ATP tour from 1978-91, Judge Garcia transitioned into a legal career that included nearly 20 years as a tax and commercial attorney and 16 years as a New Mexico trial and appellate judge (2002-18). He then transitioned into his ADR and arbitration career, which includes his work on the AAA Sports Dispute panel.
Tell us about your background in sports-related disputes.
Garcia: I have served as the chair for the United States Tennis Association (USTA) National or USTA Southwest Section Grievance Committee since 2014. The various grievance committees adjudicate all formal grievances (complaints) that are filed within their national or sectional jurisdiction. I have also served as an AAA sports panel member since 2020 and chaired the panel that adjudicated one recent Olympic-related “SafeSport" banishment dispute. I have also chaired at least 10-20 USTA grievance adjudications.
What kinds of matters do you most often see as an arbitrator or mediator in the sports industry?
Garcia: The “SafeSport” and “sportsmanship” disputes are the most common types of adjudications in the amateur sports arena, but “positive tests” for banned substances appear to predominate the Olympic and professional sports arena. To date, I have not been appointed to adjudicate a banned-substance case in Olympic or professional sports.
What drew you to ADR work in this space, and what do you find most rewarding about serving on the AAA’s Sports Conflicts Panel?
Garcia: As a judge in New Mexico, I never had an opportunity to serve on sports litigation cases. As a career athlete and tennis player, I have always wanted the opportunity to participate in sports disputes resolved through ADR. The USTA grievance committee opportunity was a first step, but the AAA and Olympic sport opportunities were what I wanted a chance to experience.
What advice would you give parties preparing for arbitration or mediation in complex sports disputes?
Garcia: Be ready to move fast, almost instantaneously in some cases. The adjudication time in many sports disputes is very narrow. Any delay or temporary suspension of an athlete’s opportunity to perform or participate can have major consequences for the event or career. When more time is available, establish a clear, concise position and organize the evidence to support it.