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.

Peter Costanzo
MISGUIDED ASSUMPTIONS ABOUT CONFLICT

Most people make inaccurate assumptions about conflict that result in having difficulty facing it.

Three such assumptions are:

1.) Conflicts are just problems with communication. And if parties could better understand one another, they wouldn’t disagree as much. In truth, clearer communication may actually contribute to confirming the conflict is real and trying to blame a lack of it doesn’t help to resolve the issues.

2.) Conflicts should be avoided because they destroy relationships. This faulty viewpoint reveals a basic unwillingness to accept that disagreements are inevitable. In fact, many believe intense arguments occur in the most meaningful relationships and dealing with them demonstrates how important the commitment is and can strengthen the bond.

3.) Compromise is the best way to deal with conflicts. Finding middle ground is one way to address clashes, but not necessarily the best. When individuals rush to make certain concessions, they lose the opportunity to develop creative solutions that benefit both parties.

Managing conflicts productively first requires dropping these and other misguided assumptions.

Peter Costanzo