Not arbitration - they have entered into mediation as ordered by the Florida judge. The must negotiate in good faith but are not required to come to a settlement.
sports.yahoo.com
This makes far more sense. I would have never thought the ACC would ever take the risk to do Arbitration. Negotiating in good faith to be decided with an FSU alum judge deciding how the sides are negotiating is not exactly objective. But he doesn't have the power to force the ACC to accept a settlement. But I do see this potentially getting ugly if the judge decides the ACC is not negotiating in good faith.Not arbitration - they have entered into mediation as ordered by the Florida judge. The must negotiate in good faith but are not required to come to a settlement.
Sources: Florida State, ACC to begin mediation over potential exit
The ACC and one of its most premier brands are locked in a legal fight.
In divorce its ugly by defintion.
Not a lawyer and I don't know anything about law in Florida. But, from what I have seen it appears that a lot of courts in a lot of states try to get the parties to resolve issues before the court starts a trial. Small claims court judges will often ask the parties to step in the hallway to see if they can resolve the issue first. Criminal trials in some states have a lot of pre-trial conferences where the judge just checks in on the status and asks if the parties can reach a plea-deal. Courts seem to want to be the last resort, instead of the first entity to try to reach a decision.
Yes, mediation. There’s a difference. That makes more sense to me, but will only work if both are willing to compromise. How do you compromise on a contract with 16 other teams under the same contract sitting there watching?Not arbitration - they have entered into mediation as ordered by the Florida judge. The must negotiate in good faith but are not required to come to a settlement.
Sources: Florida State, ACC to begin mediation over potential exit
The ACC and one of its most premier brands are locked in a legal fight.
Mediation is a valid method, if the previous meeting by the mutually trusted person ( like Vespidae) if showing promise (AND NO BURNED BRIDGES) but minor politics or pride are a the remaining hang ups. Having a judge watch can get things going because not giant lawyer fest.
Sorry about wrong term. Mediation it is.Not arbitration - they have entered into mediation as ordered by the Florida judge. The must negotiate in good faith but are not required to come to a settlement.
Sources: Florida State, ACC to begin mediation over potential exit
The ACC and one of its most premier brands are locked in a legal fight.
I used the wrong term. Mediation.
I'm always happy to contribute to side discussions. Makes the threads more interesting.
Um…. Ah… Jimbo Fisher?
I’ll respectfully disagree here. As I said in the Reddit thread linked here, given the current circumstances I don’t think the ACC has any reason to settle. If they in any way back down from the position that the GOR is valid and enforceable, or allow someone to argue their way out of the contract for less stakes than they originally agree to, they’ve set a precedent that’s dangerous for the survival of the conference. The amount of money that will be spent on legal fees to see this through litigation and appeals pales in comparison to the amount of money that’s on the table.
A lot of places require mediation before actually setting trial. Not just on a per case basis, but as a matter of procedure. I don't read anything into it pro-FSU or pro-ACC.
Here is a website for a lawyer in Florida discussion business lawsuit mediation. He says it is mandatory in Florida business lawsuits. It can occur before the lawsuit is filed, but if it does not the court will order mediation before setting trial.
I think we (ACC) should be open to settling the issue. You (fSu and Clempson) pay us $ 722,500,000.00 each, and that settles it. You are free to leave the minute the check clears...and I don't care if the door hits ya in the a$$ on the way out.
What if we get spanked in court on a legal precedent that their lawyers argue is applicability ?
While possible, it isn't probable. There have been lawyers pouring over the GOR documents for years. Nobody has found an out yet. Texas has the money to fight it and lose, but they decided to wait until the Big12 GOR expired before moving. (Then after the announcement they negotiated for a one year early release) FSU hasn't presented any legal argument in their lawsuit that would actually make the assignment of copyright invalid. Clemson made a round-about argument about wording that maybe could be decided to make the GOR not apply to former members. However, that argument is similar to the statement -- “It depends on what the meaning of the word ‘is’ is." --