sounds like mediation begins on Thursday.
Judge nelson and the magistrate mets with the Players today, and the NFL tomorrow.
Here is to a quick resolution.
MINNEAPOLIS -- Federally mediated settlement talks between the NFL and the players got underway Tuesday morning in the chambers of U.S. Magistrate Judge Arthur Boylan, with counsel for the Brady and Eller classes in attendance.
Judge Susan Nelson, who heard the Brady class' request for an injunction to lift the NFL lockout Wednesday, ordered the mediation Monday and consolidated the cases of Brady et al v. National Football League et al and Eller et al v. National Football League et al.
The players' contingent included three lawyers from the Brady class and a six-man team, including Eller himself, from the Eller class. The Brady class was represented by NFL Players Association outside counsel Jeffrey Kessler, outside counsel Jim Quinn and local counsel Barbara Berens. The lead attorney for the Eller class, Michael Hausfeld, also was in attendance.
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Boylan will use the next two days to catch up on the issues between the parties, hearing the players' side Tuesday and the league's side Wednesday before bringing both together for the first time Thursday morning.
The talks represent the first negotiating sessions between the NFL and the players since 16 days of discussions at the Federal Mediation and Conciliation Service before mediator George Cohen ended March 11. That also was the day the NFLPA decertified as a union and the NFL imposed the ongoing lockout.
Nelson ordered both sides to keep the mediation confidential. NFLPA spokesman George Atallah declined comment Tuesday, as did NFL spokesman Greg Aiello.
At a hearing about the injunction request last week, Nelson urged the sides to get "back to the table" and said negotiations should take place at "not the players' table, not the league's table, but a neutral table, if you will."
The next day, the players and owners both expressed a willingness to talk, though they disagreed on where and how they wanted to do it. The players said they were willing to engage in mediation overseen by Nelson. The NFL said it wanted to resume talks with Cohen in Washington.
The players got their wish, with the talks held under court supervision and not in the collective bargaining setting. Nelson's order referred to the mediation "as a form of Alternative Dispute Resolution," a legal term for the revival of negotiations.
Nelson said at the hearing she would take "a couple of weeks" to rule on the injunction. On Monday, she noted that her order to resume mediation "will not have the effect of a stay on this litigation," and that she would rule "in due course."
Nelson's order called for legal counsel for the parties "as well as a party representative having full authority" to attend. She also said that participation in the mediation "and any communications conveyed between the parties in this process, shall not be admitted or used against any party in any other proceeding or forum, for any purpose."
That would appear to address the players' concern that any talks held after the dissolution of the union could be construed as collective bargaining -- and thus bolster the NFL's claim that the dissolution was a "sham" merely intended to strengthen the players' position at the bargaining table.
Last week, NFL executive vice president Jeffrey Pash sent a letter to Quinn, with a copy going to Nelson. Pash wrote that the league is "prepared to give reasonable and appropriate assurances" that the players' legal position -- not a union protected by labor laws but a group of players suing under antitrust laws -- would not be compromised through any new talks.