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No news isn’t bad news in mediation

A. Boylan AP

With a strong sense of pessimism and a return of the public pissing matches between the NFL and the players, we suspected that Magistrate Judge Arthur Boylan would bring the two sides in and gauge immediately on Tuesday whether they’re serious and, absent real proof that they are, adjourn the mediation and invite Judge Susan Nelson to issue a ruling on the motion to lift the lockout.

Though that could still happen, it hasn’t happened yet.

Lawyer Michael Hausfeld, who represents the Carl Eller class action, which has been consolidated with the Tom Brady class action, disputed the notion that the parties are merely going through the motions in anticipation of winning the pending motion.

This is no charade, this is no illusion,” Hausfeld told Albert Breer of NFL Network.  “This is going to come to a resolution, either by the parties compromising and agreeing, or by a judgment.  And even with a judgment many times, there is then a discussion on how to compromise the judgment so there’s not a winner-take-all situation.  This takes time, and the court is doing everything within its power to get the parties to realize that.”

Hausfeld also pointed to a 100-page document prepared in response to questions posed on Friday by Magistate Judge Boylan as evidence that the parties are taking the situation seriously.

Meanwhile, Breer passes along some anecdotal evidence that meshes with something we’ve heard from Twin Cities contacts.  Lawyers not involved in the case who have swung by out of curiosity have indicated that, if anyone can work this mess out, it’s Magistrate Judge Arthur Boylan.

And so, as we’ve become comfortable once again with pessimism, we’re now starting to feel a bit optimistic.

Which means that pessimism will be back, soon.

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10 Responses to “No news isn’t bad news in mediation”
  1. 2011to2020lions says: Apr 19, 2011 4:27 PM

    Just get it done!!! Put pride in pocket!!! Think about the fans!!! Give a deal that works!!! Take a deal that works!!! Again just get a deal done!!! Thanks in advance!!!

  2. hobartbaker says: Apr 19, 2011 4:29 PM

    No news is not bad news, Grasshopper. My hand appears empty because there is nothing in it. These things you will learn after many years of study. Go forth.

  3. joey49er says: Apr 19, 2011 4:54 PM

    Here we go again.this makes me sick!THIS IS A SPORT.SPORT.that people get paid millions to do. this is about greed!this is not like what most people go threw in life.u know health care,hourly wage increase,lost homes.lost jobs to china… heres something to protest how about a 150.00 ticket in a nosebleader section,12 dollar beer,10 dollar hot dog.40.00 parking,8.00 soft pretzel..i hope they strike so long that the nfl goes broke along with the greedy players!!!!!!!!!!!!! greedy i hope tom brady sees this!!!!ah i forgot most people with millions are on vacation!!! lol

  4. joey49er says: Apr 19, 2011 5:08 PM

    If the players get the money they want..does this mean were going to pay more for tickets,hot dogs,pretzels,beers,parking, ok u guys the players are on the fans side lol!!!! the owners WILL get theirs no matter what!!!!!!!!!!!!!!!!!!!

  5. philphan1 says: Apr 19, 2011 5:40 PM

    Just reading tea leaves, I really think there are 2 hidden pressures driving the negotiations more than we think.

    1) The pressure of the fans and sport talk radio is quite nasty. Both sides are getting shelled with the game being tarnished.

    2) The owners of teams that have new head coaches and or coordinators, or need FA QB’s gotta be feelin some pressure from their GMs and coaches. Niners, Phoenix, Vikes, to name some.

  6. reents says: Apr 19, 2011 5:44 PM

    I think it would be a little funny, if they said there was progress, since Demaurice Smith isn’t there.

    I am just not sure if that guy should be running the players side.

  7. cjepp says: Apr 19, 2011 5:46 PM

    I hope the judgement nails both parties hard. The judge has given them every opportunity to get out of this. NOW its go time.

    I side now with the Judge. The only one who can get football going again. GO JUDGE! (L.A. Judges…maybe)

  8. jpmelon says: Apr 19, 2011 6:01 PM

    D. Smith coming into the talks was the worst decision ever made by the players. He was gone and they could have continued without his polarizing ego, but he was brought back.

  9. Mr. C says: Apr 19, 2011 6:03 PM

    What a better way to kick off the draft than an announcement that the lockout is over.

  10. lostsok says: Apr 19, 2011 6:53 PM

    As Philphan1 noted, the GMs and coaches are starting to sweat. With no free agency and a looming draft, the reality of an incomplete roster is becoming a much scarier reality than it probably was as a theory.

    Meanwhile, the players are seeing what life without massive amounts of money–not to mention hearing nothing but angry fans wherever they go–that the glamor of a court fight is looking pretty Unglamorous now.

    Both sides are just trying to figure out the exit strategy that allows them to declare victory and put this behind them.

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