Tomorrow in Orlando: Closing the Gap

Join me tomorrow at the Orange County Bar Association as I moderate a seasoned panel on strategies to bridge gaps causing impasses. I will present panel members with complex fact patterns and describe the specific situations in which the negotiations have stalled and then ask what techniques they would utilize to move the negotiations forward. This will be an engaging program and will feature some of our firm's best mediators. The attendee list is an impressive one as well, with many veteran trial lawyers and even a few mediators, as well as a United States Magistrate Judge from the Middle District of Florida. This program is eligible for 1.5 hours of CLE credit from The Florida Bar. We also plan to meet afterwards in Downtown's North Quarter for an ADR Committee reception at Reyes, just across the street on Orange Avenue. Please come in the event you cannot make the afternoon seminar!

Impasse on Deficit/Debt Ceiling Talks - What will be the Silver Bullet?

Given the stakes in 2012, the public perception of the outcome of these negotiations is important to both sides as campaign season arrives. This battle has been called by seasoned pundits "political theatre" and many believe that the result is inevitable - a deal will proceed before default occurs.

The question is what will it look like and who will take credit for the victory? So far the old familiar positional bargaining has taken place with well worn excuses for not giving in to compromise which will be required of both sides in the end. A looming deadline of August 2 has been placed before the parties as a motivator, though some have questioned whether that is even a drop dead date.

Will there be an element of the negotiation that provides a silver bullet-like end to the stalemate and summons the political will of those involved to make a deal? At this point, The White House has exhausted its influence without imprimatur and it appears there is no real facilitator present to help the Congress reach a decision.

See latest headlines - http://www.nytimes.com/2011/07/18/us/politics/18debt.html?hp

NFL and Players reach impasse for now

It seems the parties, and mainly the league, are humoring the Magistrate Judge Boylan by merely participating in the court-ordered mediation process, while really holding out for potential leverage in negotiations potentially to be gained by a ruling forthcoming from oral arguments next week. This is a typical tactic seen in "bet the company" type litigation. Surely, an appeals court ruling can change the tide (and likely the season) and will provide either a stimulus for continued talks or the outright victory for one side. However, the lawsuit is still pending before U.S. District Judge Nelson, and the legality of the lockout has essentially become the fight for now, with both sides arguing over whether Judge Nelson has jurisdiction in the case, and over irreparable harm.

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Additionally, the league was granted an extension to respond to the players' briefs in the "Tom Brady vs. NFL" antitrust lawsuit. The response was originally due this week, but will instead be pushed to June 6th.

The new date is noteworthy because it is three days after the appellate argument mentioned above, to determine if the lockout should be lifted.

The NFL's brief was filed on May 9, with the players' coming in last Friday. The NFL now has two weeks to craft a response.

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