In what National Football League players view as a victory, the U. S. District Court Judge Susan Nelson has ordered the NFL and the legal representatives of the players who initiated a legal action against the League to participate in court-supervised mediation. The mediation will begin on April 14th before Chief Magistrate Judge Arthur Boylan at his Minneapolis courthouse office. Judge Boylan will meet preliminarily with the players’ representatives today and the NFL representatives tomorrow.

The parties previously attempted to utilize mediation to resolve this dispute, negotiating for 16 days in Washington D.C. with Federal Mediation and Conciliation Service director George Cohen. The mediation efforts ended on March 11 and resulted in the expiration of the collective bargaining agreement between the parties and the beginning of the litigation of the dispute between the NFL players and owners.

At the initial injunction hearing to enjoin the owners’ lockout, Judge Nelson urged both sides to get “back to the table.” She has indicated that she would take “a couple of weeks” to rule on the players’ injunction request. She further stated that her order to resume mediation “will not have the effect of a stay on this litigation,” and that she will rule “in due course.”

Judge Nelson added:

The fact of participation in this Court-ordered mediation, and any communications conveyed between the parties, shall not be admitted or used against any party in any other proceeding or forum, for any purpose.

This mediation order is being viewed by many as a “victory” for the players as the NFL desired to return to Director Cohen in Washington D.C. to continue the mediation efforts. The players were concerned that the mediation sessions would be viewed as the NFLPA returning to formal union status, rather than remaining as a self-imposed trade association. As Judge Nelson’s order also eliminated the future use by either party of the mediation sessions and any resulting communications, this concern was effectively eliminated.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.