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Leagues and Governing Bodies

NFL Lockout Watch, Day 32: League, Players To Start Mediation On Thursday

U.S. District Judge Susan Nelson yesterday ordered the NFL and NFLPA "to participate in mediation to help resolve the work stoppage that threatens the coming season," according to Lance Pugmire of the L.A. TIMES. Nelson ordered the players' attorneys and NFLPA Exec Dir DeMaurice Smith to meet today in U.S. District Court in Minneapolis "with veteran Chief Magistrate Arthur J. Boylan, who is scheduled to meet with the owners' representatives Wednesday and preside over face-to-face mediation with both sides starting Thursday." Nelson also mandated that "both sides keep the mediation confidential." In her three-page order, Nelson said mediation is a form of "alternative dispute resolution" to address the Brady v. NFL antitrust lawsuit. She added, "The fact of participation in this Court-ordered mediation … shall not be admitted or used against any party in any other proceeding or forum, for any purpose" (L.A. TIMES, 4/12). Nelson in her order said that she "will continue to consider the players’ request for an injunction to end the lockout and will issue a ruling 'in due course.'" An NFL source said that the league is "pleased to resume talks despite its suggestion of a different format for the mediation." Still, legal experts noted that while the order "will bring the two sides back together in a less adversarial setting than a court hearing last week, they cannot be forced into a settlement" (WASHINGTON POST, 4/12). Meanwhile, motions from the NFLPA to add Smith as an attorney and from the NFL to add Robert Cooper to its legal team "were granted Monday" (NFL.com, 4/11).

REASON FOR HOPE? In N.Y., Judy Battista notes it is "unclear how long Boylan’s efforts will last." Nelson may "issue her order as soon as the middle of next week, giving Boylan’s talks just a few days to produce progress." She also could "hold off on her ruling if she and Boylan think progress is being made." But there is "little hope that this round of talks will lead to an agreement at least until Nelson issues her decision on the injunction and the appeal is decided by the Court of Appeals for the Eighth Circuit" (N.Y. TIMES, 4/12). In N.Y., Bart Hubbuch writes Nelson's order is a "bit of a victory for the players," but neither side is "hopeful that these new sessions will be productive." A league source said, "It looks like they're just trying to run out the clock until (Nelson) rules (on the injunction)." Similarly, an NFLPA source "doubted the decision to require new talks would result in a new CBA" (N.Y. POST, 4/12). In Boston, Greg Bedard writes Boylan's appointment is a "bit of a blow to the NFL, which sought" continued mediation with George Cohen. The NFLPA "got what it wanted -- settlement talks in front of a federal judge" (BOSTON GLOBE, 4/12).

TIME TO GET IT DONE: In St. Louis, Bryan Burwell notes Nelson "has basically told the owners to get a deal done on her terms." Nelson is "holding a very threatening legal hammer over the owners' heads," and she "has suggested rather strongly that it might be a good idea for both sides to get a deal done because neither one of them might like the results of her decision." Burwell: "Susan Richard Nelson should be your new best friend because she is the only person who can expose the owners for the villains that they are in this nonsense. It's always easy to grumble about greedy players because you see them, know their faces, and know what they mean to your NFL Sundays" (ST. LOUIS POST-DISPATCH, 4/12). NATIONAL FOOTBALL POST's Andrew Brandt wrote as Brady v. NFL continues, it "will be interesting to see the commitment of the A-list players beyond lending their name to the proceedings." Brandt: "As for an actual trial in the case, that will not happen. We will not have the specter of Brady, Manning and Brees being called to the witness stand and being cross-examined by the NFL lawyers. Neither side wants that." The NFLPA filed this suit because it "decided on a strategy of decertification and litigation in an effort to make more progress in negotiations with the owners than they had without it" (NATIONALFOOTBALLPOST.com, 4/11).

CASH FLOW: CBSSPORTS.com's Mike Freeman reported several NFL player agents said that the NFLPA "has sent out notices to eligible players informing them their lockout payments start this coming week." The memo to players states that beginning this Friday, "eligible players will received $10,000 a month from the emergency fund and those payments will continue every 15th day of the month through September for a total of $60,000." Freeman noted the "fact the former union is distributing the lockout fund now as opposed to later" indicated that the NFLPA is "gambling the lockout and labor strife will end sooner rather than later" (CBSSPORTS.com, 4/10).

Newton will be one of 20 NFL prospects
taking part in NFLPA event in N.Y.
PICK-UP GAME: In N.Y., Ralph Vacchiano reports 20 top NFL Draft prospects, including QB Cam Newton, "have committed to attend" the NFLPA's alternate draft events in Manhattan during the April 28-30 weekend. The prospects are "free to attend the actual draft" at Radio City Music Hall "because the NFLPA events have been scheduled at different times." One of the events, "The Debut," will include 24 current and former NFLers (N.Y. DAILY NEWS, 4/12). However, CBSSPORTS.com's Freeman cites sources as saying that "team scouts, personnel men and assistant coaches are informing agents that their draftees should stay away from the NFLPA event." One of the "lead draft analysts for NFL.com, which is league-owned, has contacted multiple draft prospects and told them not to attend the NFLPA event." The analyst "has called prospects, in some cases, six and seven times, telling them that if they attended the NFLPA event they would not be allowed to attend the NFL Draft and walk on stage" with Commissioner Roger Goodell. The effort to "ask the rookies to boycott the former union's draft events has infuriated several agents." Agents believe that this is a "coordinated effort by the league to undermine the NFLPA event and is a direct response to the NFLPA once threatening to withhold rookies from the draft" (CBSSPORTS.com, 4/12).

YOU WEAR IT WELL: Ravens WR Derrick Mason appeared on ESPN Radio's "Mike & Mike in the Morning" wearing a T-shirt that said "# A Joke," which refers to him calling NFL Commissioner Roger Goodell a "joke" on a Baltimore radio station last week. ESPN Radio's Ryen Russillo said to Mason, "I'd ask you if you regret calling him a joke, but since you're wearing a T-shirt ... I'll assume you've embraced it somewhat.” Mason: “I'm not backing down from the commentary. But you've got to understand this. I'm not saying he's a joke in the sense the guy doesn't know anything, he's not intelligent. … My thing is in the midst of what's going on, this is the platform you're going to stand on, the HGH platform. Do I want testing? Yes I do. I think a lot of players do, every player does because you don't want a guy to have an advantage over you. But in the midst of what's doing on let's try to figure out a way to get both sides back to the table" ("Mike & Mike in the Morning," ESPN Radio, 4/12).

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