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NFL / Players say they're "serious" about negotiations


Mr. Scot

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Just not for the next three days :sosp:

PFT: After two days, parties are “serious” about negotiations

During the opening segment of Friday’s PFT Live, I expressed hope that court-ordered mediation of the labor dispute will continue on Saturday and Sunday and every day until a deal is reached or impasse is declared.

Unfortunately, two days of talks will be followed by three days of no talks.

But there’s still hope. Albert Breer of NFL Network reports that the parties are “serious” about the negotiations — and about the consequences that could follow.

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From what I understand this might be a mediator dictated break. He gave both sides homework, ie. questions he wanted answered by both sides come Tuesday.

Ellard was there and said he though it might be settled in the next 2-3 days but maybe not. So progress is being made. I am thinking these questions will flat out settle some issues.

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I'm wondering if the mediator is having them take the weekend and bring in new proposals for some of the issues. That's one thing that irks me about how the first "negotiations" went...it never seemed like the players countered or came back with something else. They just bought time by asking for more financial info...they knew then and I think they know now that they have a good chance of winning in court which means they will probably get something similar to the old deal which favored them heavily (which players have admitted). I don't like where this is going at all.

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The only thing I'm a little fuzzy on with this forced mediation, is how "binding" any arbitration will be. I don't think the Judge has made a ruling on the injuction against the lockout yet.... so there seems to be some flux factors here.

Completely different things, mediation and arbitration. While the arbitrator can make a legally binding decision between parties who have agreed to abide by a decision reached in arbitration, a mediator assists disputing parties toward a negotiated agreement, which then can become legally enforceable.

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I'm wondering if the mediator is having them take the weekend and bring in new proposals for some of the issues. That's one thing that irks me about how the first "negotiations" went...it never seemed like the players countered or came back with something else. They just bought time by asking for more financial info...they knew then and I think they know now that they have a good chance of winning in court which means they will probably get something similar to the old deal which favored them heavily (which players have admitted). I don't like where this is going at all.

The players do have a very good chance of winning in court on antitrust grounds, which is basically the reason owners are listening to them at all, probably the only reason, and bear in mind any finding (and yeah, it would end up being appealed to Supreme Court, most likely expedited) against the NFL in an antitrust suit would set worrisome precedent for the NBA, MLB and NHL, so I would bet other leagues have opinions on how the NFL should play this.

On the other hand, the players have it pretty well and might lose an antitrust case, or win some partial ruling which could leave them in a rotten position.

That's what makes negotiations. Both sides have something to gain and something to lose.

Anyway, there's nothing unusual or biased about mandatory mediation. It's required in order to save time and costs of litigation and to achieve resolution to disputes. It's not a bad thing.

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