{"id":380061,"date":"2011-04-13T20:57:22","date_gmt":"2011-04-13T20:57:22","guid":{"rendered":"http:\/\/www.ghanamma.net\/2011\/04\/13\/nfl-lawyers-mediation-judge-cap-meeting-ap\/"},"modified":"2011-04-13T20:57:22","modified_gmt":"2011-04-13T20:57:22","slug":"nfl-lawyers-mediation-judge-cap-meeting-ap","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2011\/04\/13\/nfl-lawyers-mediation-judge-cap-meeting-ap\/","title":{"rendered":"NFL lawyers, mediation judge cap meeting (AP)"},"content":{"rendered":"
\n

MINNEAPOLIS (AP)\u2014Attorneys for the NFL met with the federal judge
\noverseeing court-ordered mediation for five hours Wednesday, one day before the
\nfirst talks between the league and its locked-out players since the middle of
\nlast month.<\/p>\n

Executive vice president Jeff Pash, the NFL\u2019s lead negotiator, was in
\nattendance along with other NFL officials and outside counsel. They declined to
\ncomment before sitting down with U.S. Magistrate Judge Arthur Boylan. Lawyers
\nfor the players met with Boylan for about four hours Tuesday.<\/p>\n

\u201cWe appreciate the opportunity to meet with the magistrate and review the
\nissues with him in preparation for our session tomorrow, and we\u2019re looking
\nforward to seeing the players and their representatives tomorrow morning,\u201d Pash
\nsaid. He declined to comment further.<\/p>\n

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

Larger contingents are expected when mediation begins, including
\ncommissioner Roger Goodell himself. League spokesman Greg Aiello told The
\nAssociated Press that Goodell will attend along with some of the owners.<\/p>\n

NFL Players Association executive DeMaurice Smith is scheduled to attend,
\ntoo, after withdrawing from a speaking event at Wake Forest in North Carolina so
\nhe could be in Minnesota.<\/p>\n

The NFLPA, dissolved by a vote of the players, is now a trade association
\nand not an organized labor union. Smith, an attorney, was formally added to the
\nlegal team last week so he could represent the players in mediation even though
\nhe is no longer their union boss.<\/p>\n

Boylan has a reputation as a problem-solver, though what he can accomplish
\nafter more than two weeks of mediated talks fell short last month in Washington
\nremains to be seen. He has been a magistrate since 1996 and presided over
\nnumerous mediations, including a $195 million settlement between Boston
\nScientific and about 4,000 claims involving heart defibrillators and pacemakers
\nmade by Guidant Corp.<\/p>\n

The key for Boylan is to make both sides comfortable with his neutrality and
\nfairness, said Robert Berliner, an attorney who runs the Berliner Group
\nmediation service in Chicago. He said the judge also has to prove he knows the
\nsubject and is flexible.<\/p>\n

Persuasiveness is a must, too.<\/p>\n

\u201cI think this is a fascinating opportunity to bring this to a successful
\nconclusion, but the parties have to be willing,\u201d Berliner said. \u201cThe mediator
\ncan only suggest, cajole and work hard to bring them together. He can\u2019t make it
\nhappen, and if the parties aren\u2019t willing to make a deal the best mediator in
\nthe world can\u2019t make it happen.\u201d<\/p>\n

U.S. District Judge Susan Richard Nelson, who ordered the mediation, is
\nstill considering a request from the players to lift the lockout imposed by the
\nowners. After an April 6 hearing, she said she planned to rule on the injunction
\nrequest in a couple of weeks.<\/p>\n

Players including MVP quarterbacks Tom Brady<\/a>(notes)<\/a><\/span> and Peyton Manning<\/a>(notes)<\/a><\/span> filed the
\nrequest along with a class-action antitrust suit against the league. The lawsuit
\nhas been combined with two other similar claims from retirees, former players
\nand rookies-to-be.<\/p>\n

For now, at least the two sides will be talking again\u2014even though it\u2019s
\nunder a court order.<\/p>\n

\u201cWhether they\u2019ll make progress, it\u2019s really hard to tell,\u201d Berliner said.
\n\u201cI\u2019d like to think so because I\u2019m firmly a believer that parties are way better
\noff deciding these issues for themselves than having courts decide them.\u201d<\/p>\n<\/p><\/div>\n<\/p>\n

More:
\nNFL lawyers, mediation judge cap meeting (AP)<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

MINNEAPOLIS (AP)\u2014Attorneys 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. 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