MEDIATION OF MAJOR CASES: NFL, CBS, AND PRESIDENT TRUMP

Some disputes can be considered a major case due to the number of people involved and as a result come out of litigation, especially if there’s a lot at stake.

For example, In 2011 Ray Easterling, Jim McMahon, and five other football players filed a federal lawsuit against the NFL. By 2013, more than 4,500 former players filed lawsuits contending they experienced repeated concussions throughout their careers. Attorneys alleged the NFL deliberately concealed those risks from the players. The NFL claimed that player safety was and is governed by collective bargaining agreements and had issued warnings based on available medical knowledge of that time.

With a retired federal judge at the helm, a resolution was reached after two months of mediation where the NFL agreed to contribute $765 million for medical help to more than 18,000 former players and contribute additional funding for brain injury research, safety, and education programs.

Recently, President Trump sued Paramount Global for $20 billion over CBS News’ “60 Minutes” interview with Kamala Harris. The New York Times citing anonymous sources reported that both sides have agreed to mediation. If this is indeed true, it remains to be seen if the parties are ready to negotiate and settle. As in the NFL case, mediation only occurred after considerable attorney costs and for a desire to maintain confidentiality.