Blog Entry

Mediation resumes Tuesday with new faces

Posted on: April 19, 2011 9:46 am
Posted by Will Brinson

Mediation in the Brady v. NFL matter resumes Tuesday, and there will be some changes in the people present for the two parties.

For starters, NFLPA Executive Director DeMaurice Smith won't be present at the mediation, due to "a family medical emergency," per Mark Maske of the Washington Post.

Meanwhile, Albert Breer of the NFL Network reports that the NFL's negotiating team will feature Commissioner Roger Goodell, lead counsel Jeff Pash, Panthers owner Jerry Richardson, Cowboys owner Jerry Jones, Broncos owner Pat Bowlen, and Packers CEO Mark Murphy.

Out of the owners present, only Richardson -- considered perhaps the lead negotiator for the owners -- is a holdover from last week. And it's interesting that the group heading into the second week of court-ordered mediation is in stark contrast to the group (Bob Kraft of the Pats, Clark Hunt of the Chiefs and Art Rooney of the Steelers) that was in Minnesota last week.

Jones, as you'll recall, allegedly had a bit of a confrontation with the players when the two sides mediated before George Cohen in Washington, D.C. That's not to say this will end poorly, because however the two sides act over the course of the mediation ends up reflecting on their position to Judge Susan Nelson.

And maybe it's a good thing that a new group of owners gets to see the proceedings and gauge the NFLPA's position at this point in time through an in-person experience.

Smith's absence is regrettable, certainly, but a family illness is one of the things that get you excused from almost any mediation. It probably also means that we're unlikely to see any settlement on Tuesday.

But that was likely to be the case anyway -- as our own Mike Freeman wrote recently, this second round of mediation might theoretically hold more water because it's court-ordered, but it's just about as likely to produce a happy ending to this labor dispute as the UFL is to produce football that will satisfy America come the fall.

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Since: Jan 1, 2007
Posted on: April 19, 2011 12:48 pm

Mediation resumes Tuesday with new faces

canes, the judge may not be present, but she will hear what goes on. She is going to be the one appointing the mediator. Do you think she just gives someone the job and then never asks what happen?

Since: Sep 7, 2007
Posted on: April 19, 2011 11:08 am

Mediation resumes Tuesday with new faces

I'm tired of the issue, they're simply posturing. The two sides may believe thier "dug in" but they're disillusioned. Its April 19th,.
When people start losing money, not in theory, but in game checks, & revenue they will get it done. The worst case secenerio, the season is pushed back  maybe till October but the NFL 2011 season will happen, they will play 16 games guarenteed. The draft is a week from tomorrow thats where my focus lies.

Since: Aug 24, 2006
Posted on: April 19, 2011 10:30 am

Mediation resumes Tuesday with new faces

That's not to say this will end poorly, because however the two sides act over the course of the mediation ends up reflecting on their position to Judge Susan Nelson.

This is generally not true.  Mediations are confidential, and the judge usually is told one of three things: 1) Settlement; 2) Impasse (no settlement); or 3) The parties want/need more time, further mediation sesions, etc.  The only time the judge might hear anything would be if something bizarre happened, like fisticuffs, or if the mediator has pretty strong grounds to say that one side was negotiating in bad faith, which essentially means they had no interest to settle and just wasted everyone's time.  Those endings are extremely rare.  Mediation is not binding, and a party can come in and say I believe my legal positiosn are 100% correct and I refuse to settle and that is their right.  So no, the judge will not hear if Jerry Jones tells the players they are a bunch of leeches and the judge likewise won't hear if the players tell Jerry he's a greedy, peny-pinching miser.

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