AFL 2023: Clarkson, Fagan reluctant to be part of a mediation process to resolve allegations

Alastair Clarkson and Chris Fagan are both reluctant to be participants in a mediation process that could bring about a resolution to the Hawthorn First Nations investigation.

AFL senior coaches Alastair Clarkson and Chris Fagan are reluctant to be part of a mediation process that could pave the way for a resolution of the Hawthorn First Nations investigation.

AFL chief executive Gillon McLachlan will remain at the helm of the league until October 2 as he attempts to deal with both the ongoing Hawks issue and a new pay deal for AFL and AFLW players.

But Friday will mark seven months since the AFL announced a four-person independent investigation on October 5 into the allegations by First Nations players.

AFL chief executive elect Andrew Dillon said on Monday the league was adamant it would not “cut corners” or “fast-track the process”.

Mediation is an accepted part of that process under the AFL’s terms of reference and has been backed by McLachlan, the AFLPA and Hawthorn.

But it is understood Clarkson and Fagan are reluctant to accept a process that sees them in the same room as complainants — potentially without lawyers — to attempt to find a solution.

Alastair Clarkson and Chris Fagan during their tenures at Hawthorn. (Photo: Michael Willson/AFL Media)

Neither of the senior coaches have been interviewed by the independent panel but as part of that process have been able to access transcripts of the allegations.

Fagan strongly believes he has limited exposure to the claims and like Clarkson has made clear he believes he is totally innocent.

Any mediation process would likely involve some concessions of wrongdoing or lack of cultural sensitivity from the accused parties including Clarkson.

But the former Hawthorn coach, now at North Melbourne, made clear in a September 2022 statement he believed he had done nothing wrong.

“The failure to maintain the confidentiality of the review and further damaging public speculation means I have no option but to express publicly, in the strongest and most emphatic terms possible, that I did not behave in the manner claimed.”

Both coaches have refused to take part in a mediation process. (Photo: Michael Willson/AFL Media)

Dillon said on Monday the league would allow the process to continue as the league awaited an official report.

“It’s well documented we have got an independent process in place and that’s playing out at the moment. It’s a complex issue and I feel for everyone who’s involved in it. What we’re going to do is work to get the best and right outcome but it’s an independent process. And we have to respect that. Often in these things it’s about all getting the process right,” he said.

“And what we are not going to do is cut corners or fast-track the process. We are going to get the right outcome and we will get it in the right time.”

The league’s investigation is looking into potential “bullying, misconduct and/or other inappropriate conduct by the Hawthorn Football Club (including by its coaches, football operations staff, independent contractors, management and/or board) towards some players on its playing list.”

Fagan told AFL 360 he was keen to work towards a resolution.

“If there’s a mediation process which is part of that investigation, again, I can’t really talk about it …

It’d be fair to say, I’ve not said those words to anybody that I’m not going to participate in whatever process comes up in the future,” Fagan said.

“I’m really keen for us to progress the process. But I do want to make sure that whatever we’re involved in is fair and just to all parties. I’ve had no discussion with my lawyers in the last week or so about mediation processes and whether we’ll be in them.”.

Originally published as AFL 2023: Clarkson, Fagan reluctant to be part of a mediation process to resolve allegations