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NFL Battle Headed To Mediation

Saturday, July, 27, 2013


The rising concern about the long term impacts of traumatic brain injuries has certainly raised awareness about occupations with high rates of this problem.  The National Football League is featured in a lawsuit with more than 4,000 NFL players and former players claiming damages regarding the brain injuries they received while playing for the league. 

 

The NFL had previously moved to dismiss the case, but the judge, Anita Brody, said she wanted to give both sides an opportunity to reach a conclusion without entering court.  She ordered both sides to work through the issues in mediation to see if any possible solutions might end the case.  She appointed a retired federal judge, Layn Phillips, to mediate the issue. 

 

Coming to a conclusion may be difficult, but working through mediation will give both sides the opportunity to resolve their issues in a less contentious manner.  The numerous players on the case believe that the NFL purposefully failed to educate players about the long-term effects of brain injuries incurred on the field.  The NFL responds to those claims by arguing that the issues should be settled out of court due to a collective bargaining agreement with the players involved. 

 

The case may have strong backing, which could be part of the reason why the judge recommended mediation.  Mediation might give the NFL the opportunity to realize the potential damages and expenses associated with continuing the case, paving the way for settlement talks.  In this case, the public aspect of the NFL might mean that the pre-trial discovery process could reveal damaging information about the league.  If the NFL opts to settle before trial, however, those private details would remain confidential.  Mediation is an excellent middle ground that reduces time and expenses while ensuring that each side is heard