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New NFL Lockout Hitch: League, Players Disagree On Mediator

DeMaurice Smith, who was head of the NFL Players Association before it dissolved, talks to reporters outside the federal courthouse after a hearing Wednesday, April 6, 2011, in St. Paul, Minn. At right is players attorney Jim Quinn. (credit: AP Photo/Jim Mone)

DeMaurice Smith, who was head of the NFL Players Association before it dissolved, talks to reporters outside the federal courthouse after a hearing Wednesday, April 6, 2011, in St. Paul, Minn. At right is players attorney Jim Quinn. (credit: AP Photo/Jim Mone)

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NEW YORK (WFAN/AP) — A day after the judge handling the NFL lockout lawsuit urged the sides to go “back to the table,” the players and owners both expressed a willingness to do so. The hitch: Each offered to meet for talks in a setting the other finds unpalatable.

A lawyer representing Giants defensive end Osi Umenyiora, MVP quarterbacks Tom Brady, Peyton Manning and other players suing the NFL wrote U.S. District Judge Susan Richard Nelson on Thursday to say they’re willing to engage in mediation overseen by her federal court in St. Paul, Minn.

And NFL executive vice president Jeffrey Pash sent a letter Thursday to another lawyer representing players, James Quinn, with a copy going to Nelson, proposing to resume talks about 1,000 miles from her courthouse — instead returning to the Washington office of federal mediator George Cohen.

Since filing suit in Minnesota on March 11, the players repeatedly have said they only are interested in meeting with the league to discuss settling the litigation. And since the lockout began at midnight later that night, the NFL repeatedly has said it only is interested in returning to mediated bargaining.

So Thursday’s flurry of letters doesn’t really represent meaningful progress. There were more, too, including a message to Nelson from NFL outside counsel David Boies that referred to a conference call with the court Friday “to discuss mediation.”

Boies also wrote: “The purpose of the mediation would be to negotiate a settlement not only of the issues raised in the complaints, but also the many other issues that must be resolved to permit the upcoming season to be played and for the league to operate effectively.”

In his letter to Quinn, the NFL’s Pash said: “We are prepared to resume discussions as promptly as possible and to have significant ownership involvement in those discussions. Our thought would be to resume discussions under the auspices of George Cohen and his colleagues at the Federal Mediation and Conciliation Service. After spending the better part of three weeks with us, they know the issues, they know the parties, and I think we all agree that they were effective at getting both sides to look openly at each other’s positions and try to find solutions.”

Pash also told Quinn: “We understand that you will want appropriate assurances that the players will not compromise any legal position as a result of entering into those discussions. We are prepared to give reasonable and appropriate assurances to that effect.”

Cohen mediated 16 days of negotiations in February and March that failed to result in a new collective bargaining agreement, and the old one expired. The union dissolved itself, saying it no longer represented players in bargaining under labor law, which allowed them to sue the league under antitrust law. Owners locked out the players, creating the NFL’s first work stoppage since 1987.

Boies referred to the “head start over any other potential mediator” that Cohen would have, and added, “We cannot see any reason to start back at square one with a different mediator.”

Quinn, meanwhile, replied to Pash by saying: “Your invitation to ‘resume’ discussions in front of Mr. Cohen makes no sense as collective bargaining between the NFLPA and the NFL is over.”

During Wednesday’s hearing in St. Paul on the players’ request for a preliminary injunction that would lift the lockout, Nelson recommended court-supervised talks, saying such negotiations should take place at “not the players’ table, not the league’s table, but a neutral table, if you will.”

“This is really a matter that should be resolved as soon as possible,” added Nelson, who said she would take “a couple of weeks” to rule on the players’ bid for an injunction.

Nelson said she “would be glad to facilitate” negotiations, if the sides were interested.

“As class counsel on behalf of the Brady class, we think this is an excellent suggestion and are prepared to engage in such mediation without delay,” an attorney for the players, Barbara Berens, wrote to Nelson on Thursday. “Our agreement is, of course, contingent on the NFL defendants’ agreement that they will not attempt to use this, our willingness to mediate, against the Brady class in some way, for example by arguing that such mediation efforts constitute ‘collective bargaining’ or otherwise arise out of a ‘labor relationship.'”

Also Thursday, Nelson received yet another letter accepting her offer of facilitating mediation — this one from a lawyer representing Hall of Famer Carl Eller and other retired players whose case was combined with the Brady case.

Will we see pro football in 2011-12? Make your prediction in the comments below…

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)