The NFL lockout lawsuit spawned a claim by retirees which wasn't quite resolved in the bigger deal between the league owners and players.
During a case management conference, Judge Nelson quickly suggested talks with Magistrate Judge Arthur Boylan, who brokered the original agreement that ended the lockout but did not settle the retirees' still-pending lawsuit.
Judge-directed settlement talks have been a theme of the recent negotiations in this litigation. In motivating the claimants to settle, she hinted that the case would be difficult likening it to "pushing a rock up a hill."
However, rather than ordering mediation, she told the three sides to sit down with Boylan for informal talks. Subsequently, lawyers for all sides said the discussions produced no agreement or date for additional mediation.
Perhaps a formal order of referral to mediation would have made them take things more seriously? The next scheduled hearing is not until September 15th.
See more at: http://bit.ly/r49vZa
Thursday, August 18, 2011
Sunday, August 7, 2011
America's Cup dispute is electronic not maritime
A mediation will be conducted this week in the dispute involving Team New Zealand arising out of the 34th America’s Cup protocol which mandates that teams’ content should be consolidated on the official website.
Team New Zealand’s position is that teams should be free to host its own internet sites, and that the present restriction on independent sites hinders commercial teams from raising funds. Allegations are that the rule could contribute to some teams not making it to San Francisco due to insufficient funding to mount an effective Cup challenge.
Team New Zealand is also sailing in the Volvo Ocean Race and the Extreme Sailing Series as well as the America’s Cup, and therefore, wants more than a Cup consolidated site.
See more here: http://bit.ly/rkJ95p
Team New Zealand’s position is that teams should be free to host its own internet sites, and that the present restriction on independent sites hinders commercial teams from raising funds. Allegations are that the rule could contribute to some teams not making it to San Francisco due to insufficient funding to mount an effective Cup challenge.
Team New Zealand is also sailing in the Volvo Ocean Race and the Extreme Sailing Series as well as the America’s Cup, and therefore, wants more than a Cup consolidated site.
See more here: http://bit.ly/rkJ95p
Sunday, July 24, 2011
Nationally, not many Foreclosure Mediation programs succeeding
Approximately 25 foreclosure mediation programs now exist in 14 states, but it is believed by some that they are not be as helpful to troubled owners as originally touted, such as in Maryland.
Unlike here in Orange County, FL, Prince George’s County, MD had only 56 successful home loan modifications before this summer through that state’s mediation program in an area devastated by the foreclosure crisis. A majority Black area heavily targeted by sub prime lenders in the boom years, that county is now staggering under the weight of abandoned homes and plummeting prices. One borrower reports to NBC that the mediation process there was a "gimmick" just to go through the formalities before desiring to foreclose.
Fortunately, here in Orlando under the program administered by the Orange County Bar Association, the lenders have been more serious on the whole about negotiating work-outs with owners who have demonstrable income and seek to stay in the home. Some HAMP modifications have been seen in the mediations conducted locally with qualified loans.
On the whole, however, there are troubled areas as mentioned above in Maryland and in diverse states like Nevada and New Hampshire (where in more than 100 cases, only 14 have reached settlements: http://bit.ly/oB7usW ).
http://today.msnbc.msn.com/id/43811197/ns/business-real_estate/
Unlike here in Orange County, FL, Prince George’s County, MD had only 56 successful home loan modifications before this summer through that state’s mediation program in an area devastated by the foreclosure crisis. A majority Black area heavily targeted by sub prime lenders in the boom years, that county is now staggering under the weight of abandoned homes and plummeting prices. One borrower reports to NBC that the mediation process there was a "gimmick" just to go through the formalities before desiring to foreclose.
Fortunately, here in Orlando under the program administered by the Orange County Bar Association, the lenders have been more serious on the whole about negotiating work-outs with owners who have demonstrable income and seek to stay in the home. Some HAMP modifications have been seen in the mediations conducted locally with qualified loans.
On the whole, however, there are troubled areas as mentioned above in Maryland and in diverse states like Nevada and New Hampshire (where in more than 100 cases, only 14 have reached settlements: http://bit.ly/oB7usW ).
http://today.msnbc.msn.com/id/43811197/ns/business-real_estate/
Sunday, July 17, 2011
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
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
Tuesday, July 5, 2011
A moment on the Casey Anthony Trial
Well, this afternoon proved the old adage we mediators use in talking to the parties about the unpredictable nature of jury verdicts, is true. You can't begin to guess what happens in the deliberation room no matter what side of a case you are on, nor how many years of experience in the law you might have.
That is the genius of self-determination in the mediation process. The parties get to decide their own fate and do not rely on the whim of folks picked from a voter or driver list.
Thankfully, our civil justice system has avenues for resolution before the jury trial. Though criminal plea bargains are reached in the majority of state cases, mediation is not a recognized method of achieving them. Perhaps, one day, that will be explored to alleviate the public expense of a trial such as this.
In looking at the murder charge acquittal today, I am reminded of the law school lessons in criminal law from Maimonides, expounding on Exodus 23:7 ("the innocent and righteous slay thou not") and Blackstone, Franklin and the others ("it is better that a hundred guilty persons go free, than to put a single innocent one to death.").
At least I can use today as a lesson in the jury system and hope that those for which I serve as a neutral facilitator continue to save themselves thousands of dollars in attorneys' fees and avoid the risk of an unpredictable result or jury verdict.
That is the genius of self-determination in the mediation process. The parties get to decide their own fate and do not rely on the whim of folks picked from a voter or driver list.
Thankfully, our civil justice system has avenues for resolution before the jury trial. Though criminal plea bargains are reached in the majority of state cases, mediation is not a recognized method of achieving them. Perhaps, one day, that will be explored to alleviate the public expense of a trial such as this.
In looking at the murder charge acquittal today, I am reminded of the law school lessons in criminal law from Maimonides, expounding on Exodus 23:7 ("the innocent and righteous slay thou not") and Blackstone, Franklin and the others ("it is better that a hundred guilty persons go free, than to put a single innocent one to death.").
At least I can use today as a lesson in the jury system and hope that those for which I serve as a neutral facilitator continue to save themselves thousands of dollars in attorneys' fees and avoid the risk of an unpredictable result or jury verdict.
Monday, July 4, 2011
Retired NFL Players Seek Inclusion In Mediation
The unusual goal of a newly filed complaint is to have Judge Nelson, under whose orders the existing lawsuit's mediated negotiations are being held, instruct the mediator, the league and the current players to allow representatives of the retired players to be active participants in the negotiations.
The latest class-action complaint is aimed against the teams, the league, the players named in the Brady v. N.F.L. lawsuit and DeMaurice Smith, the head of the N.F.L. Players Association. It asserts that the sides are violating antitrust laws by negotiating settlement terms that improperly encompassed the rights of retired players in the time since the N.F.L.P.A. renounced its union status. Namely, it alleges the are conspiring to depress the amounts of pension and disability benefits to be paid.
Apparently, lawyers for the present players e-mailed to attorneys for retired players stating they would negotiate issues like the salary cap and free-agency rules, while lawyers for retired players would be allowed to suggest retired-player issues in connection with proposals before the mediator, Magistrate Judge Arthur Boylan.
Certainly, these developments will impact the pending NFL suits and may even influence the NBA litigation.
See report at: http://nyti.ms/iRsNxn
The latest class-action complaint is aimed against the teams, the league, the players named in the Brady v. N.F.L. lawsuit and DeMaurice Smith, the head of the N.F.L. Players Association. It asserts that the sides are violating antitrust laws by negotiating settlement terms that improperly encompassed the rights of retired players in the time since the N.F.L.P.A. renounced its union status. Namely, it alleges the are conspiring to depress the amounts of pension and disability benefits to be paid.
Apparently, lawyers for the present players e-mailed to attorneys for retired players stating they would negotiate issues like the salary cap and free-agency rules, while lawyers for retired players would be allowed to suggest retired-player issues in connection with proposals before the mediator, Magistrate Judge Arthur Boylan.
Certainly, these developments will impact the pending NFL suits and may even influence the NBA litigation.
See report at: http://nyti.ms/iRsNxn
Wednesday, June 29, 2011
Potential for Mediation in NBA dispute - will it go any better than NFL?
The professional basketball players' union filed a complaint with the federal government’s National Labor Relations Board accusing the league of bargaining in bad faith. Typically, a ruling can take 30-60 days. NBA owners are accused of “circus bargaining” or never substantively changing offers during negotiations.
In football, NFLPA elected to de-certify so that its players are no longer part of a union and thus the NFL has no right to carry on a lockout without violating anti-trust laws. That case is in the hands of the Eighth Circuit. That appellate court may rule that the players’ de-certification is little more than a bargaining tactic.
No mediation has been set in the NBA matter. However, in the NFL case, the district judge-directed mediation by a federal magistrate judge came with many marathon conferences, but did not yield a settlement. The parties are currently supposedly engaged in direct talks, perhaps signaling that process was not thought to be as productive. Certainly, the NBA will be watching the NFL and only fans stand to lose.
http://aol.sportingnews.com/nba/story/2011-06-29/labor-expert-outlines-legal-issues-around-lockout
In football, NFLPA elected to de-certify so that its players are no longer part of a union and thus the NFL has no right to carry on a lockout without violating anti-trust laws. That case is in the hands of the Eighth Circuit. That appellate court may rule that the players’ de-certification is little more than a bargaining tactic.
No mediation has been set in the NBA matter. However, in the NFL case, the district judge-directed mediation by a federal magistrate judge came with many marathon conferences, but did not yield a settlement. The parties are currently supposedly engaged in direct talks, perhaps signaling that process was not thought to be as productive. Certainly, the NBA will be watching the NFL and only fans stand to lose.
http://aol.sportingnews.com/nba/story/2011-06-29/labor-expert-outlines-legal-issues-around-lockout
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