NFL lawyers, mediation judge cap meeting (AP)

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    MINNEAPOLIS (AP)—Attorneys for the NFL met with the federal judge
    overseeing court-ordered mediation for five hours Wednesday, one day before the
    first talks between the league and its locked-out players since the middle of
    last month.

    Executive vice president Jeff Pash, the NFL’s lead negotiator, was in
    attendance along with other NFL officials and outside counsel. They declined to
    comment before sitting down with U.S. Magistrate Judge Arthur Boylan. Lawyers
    for the players met with Boylan for about four hours Tuesday.

    “We appreciate the opportunity to meet with the magistrate and review the
    issues with him in preparation for our session tomorrow, and we’re looking
    forward to seeing the players and their representatives tomorrow morning,” Pash
    said. He declined to comment further.

    The two sides are scheduled to be in the same room with Boylan on Thursday,
    the first meetings since the collective bargaining agreement expired March 11,
    the union was dissolved and the NFL wound up with its first work stoppage since
    the 1987 strike.

    Larger contingents are expected when mediation begins, including
    commissioner Roger Goodell himself. League spokesman Greg Aiello told The
    Associated Press that Goodell will attend along with some of the owners.

    NFL Players Association executive DeMaurice Smith is scheduled to attend,
    too, after withdrawing from a speaking event at Wake Forest in North Carolina so
    he could be in Minnesota.

    The NFLPA, dissolved by a vote of the players, is now a trade association
    and not an organized labor union. Smith, an attorney, was formally added to the
    legal team last week so he could represent the players in mediation even though
    he is no longer their union boss.

    Boylan has a reputation as a problem-solver, though what he can accomplish
    after more than two weeks of mediated talks fell short last month in Washington
    remains to be seen. He has been a magistrate since 1996 and presided over
    numerous mediations, including a $195 million settlement between Boston
    Scientific and about 4,000 claims involving heart defibrillators and pacemakers
    made by Guidant Corp.

    The key for Boylan is to make both sides comfortable with his neutrality and
    fairness, said Robert Berliner, an attorney who runs the Berliner Group
    mediation service in Chicago. He said the judge also has to prove he knows the
    subject and is flexible.

    Persuasiveness is a must, too.

    “I think this is a fascinating opportunity to bring this to a successful
    conclusion, but the parties have to be willing,” Berliner said. “The mediator
    can only suggest, cajole and work hard to bring them together. He can’t make it
    happen, and if the parties aren’t willing to make a deal the best mediator in
    the world can’t make it happen.”

    U.S. District Judge Susan Richard Nelson, who ordered the mediation, is
    still considering a request from the players to lift the lockout imposed by the
    owners. After an April 6 hearing, she said she planned to rule on the injunction
    request in a couple of weeks.

    Players including MVP quarterbacks Tom Brady(notes) and Peyton Manning(notes) filed the
    request along with a class-action antitrust suit against the league. The lawsuit
    has been combined with two other similar claims from retirees, former players
    and rookies-to-be.

    For now, at least the two sides will be talking again—even though it’s
    under a court order.

    “Whether they’ll make progress, it’s really hard to tell,” Berliner said.
    “I’d like to think so because I’m firmly a believer that parties are way better
    off deciding these issues for themselves than having courts decide them.”

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    NFL lawyers, mediation judge cap meeting (AP)