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Judge Nelson will impose mediation on the players and owners sometime this week


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http://sports.espn.go.com/nfl/news/story?i...e=ESPNHeadlines

 

Mediation Will Be Set This Week

 

Judge Susan Richard Nelson told the NFL and NFL players that she will impose forced mediation on them early this week, sources familiar with the situation told ESPN NFL Insider Adam Schefter.

 

The league had wanted more mediation in Washington D.C., while federal mediator George Cohen and the NFL Players' Association wanted mediation in Minnesota. Judge Nelson will decide what she feels is best and announce her decision early this week.

 

Judge Nelson had a one-hour conference call Friday with both sides and said she would use the weekend to figure out a solution, a source told ESPN's John Clayton.

 

One of the keys to any type of mediation is whether NFL owners are willing to not use a meeting with members of the NFL Players executive committee or members of the decertified NFLPA against the plaintiffs in the Tom Brady lawsuit filed in Nelson's federal court in St. Paul, Minn.

 

Lawyers for the NFL offered such protection Friday in a letter to Judge Nelson and also indicated any mediation session would include owners with decision-making ability.

 

After the Friday conference call, Judge Nelson told both sides to be quiet about the conversations.

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Who exactly are the owners supposed to mediate with? The decertified NFLPA or a group of lawyers representing individual players or the players themselves?

 

Why is the NFLPA trying to impose conditions if it supposedly doesn't represent the players and is no longer involved? Doesn't this just add more evidence to the mountain already existing that the decertification was a sham and therefore the case ought to go before the NLRB?

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Who exactly are the owners supposed to mediate with? The decertified NFLPA or a group of lawyers representing individual players or the players themselves?

 

Why is the NFLPA trying to impose conditions if it supposedly doesn't represent the players and is no longer involved? Doesn't this just add more evidence to the mountain already existing that the decertification was a sham and therefore the case ought to go before the NLRB?

 

 

Seemed fairly clear to me. If the NFL doesn't have a problem with it as it pertains to this mediation, why do you? :wacko:

 

 

The league had wanted more mediation

 

 

One of the keys to any type of mediation is whether NFL owners are willing to not use a meeting with members of the NFL Players executive committee or members of the decertified NFLPA against the plaintiffs in the Tom Brady lawsuit filed in Nelson's federal court in St. Paul, Minn.

 

Lawyers for the NFL offered such protection Friday in a letter to Judge Nelson and also indicated any mediation session would include owners with decision-making ability.

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Seemed fairly clear to me. If the NFL doesn't have a problem with it as it pertains to this mediation, why do you? :wacko:

 

I'm not sure where I said I had a problem with it. Just asking what seems like a reasonable question given how shadowy the existence and influence of the allegedly decertified NFLPA has on all of this.

 

Personally I like the idea of both sides being forced back to the table. I'm not sure the owners do, but would guess that they will give the appearance of going kicking & screaming while tacitly being glad to do so. I'm fairly certain the players don't want to go there right now and would much rather take their chances in court.

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Why is the NFLPA trying to impose conditions if it supposedly doesn't represent the players and is no longer involved?

 

I interpreted that as you having a problem with the players representation at these mediations.

 

I doubt that this mediation will go very far, but both sides had at least better make it look like they are giving it an honest effort and appear somewhat flexible. Judges don't take kindly to reports from mediators that thye are being stonewalled by one side, the other or both.

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I interpreted that as you having a problem with the players representation at these mediations.

 

I don't have a problem with the judge forcing them back to mediation. I applaud it. But forcing the sides to mediate does not mean that either or both sides have to agree to anything other than to enter mediation.

 

On the other hand, I'm wondering of the players did in fact decertify, which they did, what in the Seven Hells the NFLPA is still doing right in the thick of this, and because they are why this isn't being forwarded to the NLRB as the owners have requested.

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Who exactly are the owners supposed to mediate with? The decertified NFLPA or a group of lawyers representing individual players or the players themselves?

 

Why is the NFLPA trying to impose conditions if it supposedly doesn't represent the players and is no longer involved? Doesn't this just add more evidence to the mountain already existing that the decertification was a sham and therefore the case ought to go before the NLRB?

My understanding is that the judge specifically addressed this, at least according to a NYTimes article:

 

Nelson’s order also noted that the parties’ participation in mediation and anything said during mediation could not be used against the parties in the future.

 

That should assuage concerns by players that going back to the bargaining table may undermine their argument that the decertification of the union was real and not a bargaining tactic, as the league has alleged in a charge to the National Labor Relations Board.

 

Per ESPN, along a similar vein:

Nelson's order called for legal counsel for the parties "as well as a party representative having full authority" to attend. She also said that participation in the mediation "and any communications conveyed between the parties in this process, shall not be admitted or used against any party in any other proceeding or forum, for any purpose."

 

It sounds to me like this is all the prelude to the prelude. The real business gets under way when the appeal of whatever ruling Judge Nelson makes gets heard.

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On the other hand, I'm wondering of the players did in fact decertify, which they did, what in the Seven Hells the NFLPA is still doing right in the thick of this, and because they are why this isn't being forwarded to the NLRB as the owners have requested.

 

Seems pretty simple to me. This is the owners vs the players. Even with the union decertified, why can't those same players who were in the union(was this all players in the NFL?) be in the thick of it?

 

Whether the union dissolving is a sham or not isn't why the NFL is locked out.

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I know the players and the owners basically don't have any choice but to go to this forced mediation, however, I imagine that nothing will get accomplished. The players want the lawyers to duke it out in court....that will be their best opportunity to gain what they want. I think this is going to get even uglier.

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