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Wednesday, April 13, 2011

Judge Returns Players and N.F.L. to Mediation

Hot off the press yesterday, United States Distract Court Judge Susan Richard Nelson ordered players and team owners to return to the table to negotiate more because the players are wanting a injunction so that they will be able to go back to work, which will bring closure to the lockout.  In the effort to move things along in a more professional unbiased way Judge Nelson announced that she had appointed Chief Federal Magistrate Judge Arthur Boylan to mediate each side at first an individual hearing, and than at the formal hearing together.  The players were heard first on Tuesday April 12, 2011 and the team owners on Wednesday April 13, 2011 separately, and than on Thursday both parties will be in a formal hearing together and both sides will present their claim in front of Judge Boylan, allowing him to base his opinion and than he and Judge Nelson will make a decision.  According to Battista, the NFL wanted the last mediator George Cohan Federal Mediation and Conciliation Services because he was the one who covered the last meeting that ended up moving into the lockout.  In my opinion Judge Nelson strategy is to put the “court “ at the head of the bargaining table because no one wants to give in, and If they are setting there in front of the law, they will stay focus on the problem at hand, not ego’s or money.  This method will put an entire new perspective on the issues at hand and with the help of the courts the problems may be resolved faster and the teams and players can reunite again.  In the effort to eliminate the lockout, Judge Nelson has warned both sides to keep the information disclosed at the mediation under rap until she makes her decision.   According to Judge Nelson it may take up to a few weeks to decide whether the injunction will take place in the players favor or will the lockout continue in the team owners favor, ”she said that she would issue an order in due course”.  Also Judge Nelson is making sure that the representative, team owners and players are taking these hearing very serious because she said that anything that is said at the mediation tables may be used against them later.  The players feel if the Judge honors their injunction they may have a chance of eliminating the NFLPA and they will be able to go back to work but if not, their chances of winning the suite is very unlikely. 

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