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Mediation: Analysis of Recent NFL Talks

Tuesday, April, 26, 2011


In mediation, analysis of outcomes is an important component.  An example can be found in the recent talks between the National Football League's players and owners.  Four days of court-ordered talks with a mediation attorney do not appear to have helped the disputing parties make much headway.  The league has been in a lockout since March 12th and as of this date, there is no end in sight. 

 

Both sides are currently awaiting a decision by U.S.  District Court Judge Susan Nelson.  Mediation has ceased until May 16th, but as early as Monday the judge may issue a ruling on a point of contention: the players' desire for the lockout to be stopped by a judicial order known as an injunction.

 

Some Optimism at This Point in Mediation: Analysis

 

Sports fans have some reason for hope; the players feel strongly that Judge Nelson will grant their request for the lockout to be lifted.  This would permit players to return to work and the season could get underway.  An injunction would also mark a resumption of free agency for the players. 

 

Team owners also anticipate that the injunction will be granted, but they are hopeful that they can persuade Judge Nelson to issue a stay.  This would have the effect of shutting down the league while the matter is appealed to the Eighth Circuit Court of Appeals.  This court has sided with business before and the owners expect it to again.