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goldendomer goldendomer OP
Aug 09, 2024 at 03:48 PM ET
Dellenger Announces that FSU and the ACC Will Enter Into Mediation
Florida State and the ACC are scheduled to enter mediation next week over their legal dispute, multiple sources tell Yahoo Sports. While it is a significant step in the proceedings, the mediation phase — an in-person discussion between the two sides in front of a neutral mediator — is an expected one and is not guaranteed to produce a settlement decision. The neutral mediator has been chosen, and the two sides, barring something unforeseen, will convene for the talks next week, those with knowledge of the discussions tell Yahoo Sports. Officials at the ACC and Florida State both declined comment when reached. The ACC and one of its most premier brands are locked in a legal fight. The Seminoles are attempting to exit the conference without paying both the exit fee and the cost of buying out its media rights, which it agreed years ago to grant to the conference. The price tag of such an exit is estimated to be at more than $500 million, according to court records. $1 Million on Yahoo! Fantasy Create or join a private league and enter the sweepstakes by 9/5. No purchase necessary. 18+, 50 US or DC. Click to learn more Presented by Toyota The case is playing out in two separate lawsuits over two states, FSU’s home in Florida and the ACC’s home in North Carolina, as each side works to hold the proceedings in their own footprint. During a hearing in April in Florida, Leon County Circuit Judge John C. Cooper ordered the school and the conference to attempt “good faith” mediation to resolve the dispute. Mediation is a conflict-resolution process designed to lead to a mutually beneficial compromise. Unlike a judge or arbitrator, the mediator will not decide the case’s outcome, but will only help the parties by encouraging each side toward a resolution. Mediation can take days, weeks or even months, but normally features a deadline. ACC officials have shown no willingness to resolve the dispute with a settlement, which, in all likelihood, would involve a compromise in the multimillion-dollar exit fee. In fact, just two weeks ago at the ACC’s annual football media days, commissioner Jim Phillips blistered Florida State, as well as Clemson, for what he described as “disruptive and harmful” attempts to exit by suing their own conference and maintained that the league is committed to fighting the schools in court for “as long as it takes.” In possibly coincidental timing, next Thursday is an important deadline. Schools in the ACC must give the conference a one-year notice before participating in athletics in another league the following academic year. The annual deadline for such a notice is Aug. 15. It has been long believed that FSU is not planning on giving notice this August. Clemson is fighting the league as well in two separate lawsuits playing out over two states (South Carolina and North Carolina). Though the cases brought by Clemson and FSU are not identical, their goal is the same. They are seeking an inexpensive exit path from the conference and its grant of rights — an agreement signed by the two schools, as well as others, that binds them to the ACC and grants their television rights to the conference. The grant of rights is connected to the conference’s television deal with ESPN, a document at the heart of Clemson and FSU’s desire to leave the ACC. The ESPN contract, while celebrated at the time, will pay ACC members a fraction of what those in the SEC and Big Ten are receiving from their television contracts. By 2027, members of those leagues could be receiving $30 million more annually in conference media distribution than ACC programs — a gap that many administrators and coaches fear will have an adverse impact on the on-field success between the two behemoths and those in the ACC and Big 12. ** Edited by goldendomer at 8/9/2024, 6:05:37 PM
Link: linky

12 Replies

W
WarHog38
Mediation Was Ordered By the Florida Judge Last April
So no big surprise. The ACC will mediate away nothing unless it benefits the ACC. Probably on a long term basis. Hard to see the ACC benefiting in the long term or short term by FSU exiting. Some here think Phillips might be in private negotiations with ESPN on a TV Contract extension. With Phillips hoping to get a better TV contract deal after 2027 for ACC schools with those negotiations. Anyway you cut it. FSU leaving the ACC would not be persuasive in getting more money out of ESPN. It would have the opposite effect. If the ACC moderates away FSU. You know the dam is about to break. I don't think that is the present situation.
S
SMU Pony
Dellenger must really need some clicks to hit his monthly quota...
This is another nothing burger. The mediation was ordered by the judge in Florida months ago; the two sides didn't just suddenly decide to talk it out. In my experience, each side will throw out a number that they know to be obscene but just not obscene enough to be in bad faith, and little of consequence will actually occur (but the billable hours will continue to pile up)
M
Minden Hokie
Good faith
That would be to make them pay every cent do not give an inch.
V
Vippie1
Non bonding mediation when IMO
one party owns most or all the cards seems like nothing but a PR stunt. Sounds like the ACC goes through the motions while FSU continues to twist in the wind.
T
TerryD
The judge ordered mediation to be conducted
Not a PR stunt. It is a fairly normal part of the litigation process. I was involved in a few hundred of these during my legal career. It is always a positive step to get the parties in a room to discuss the possibility of settlement. Many mediations result in settlements....but many don't. Like everything else in the law it all depends.....on how far apart the parties are and how motivated both sides are to reach a settlement. It is an entirely voluntary process. The mediator will do his/her best to confect the deal but has no power but persuasion to get it done. The odds of settlement are a bit higher when the parties themselves decide to mediate than when a judge orders it, but it is always a good thing to lock the parties in a room for a day with the only topic/task at hand being settling the case.
VTownie VTownie
If I’m Jim Phillips, I tell FSU to pound sand.
PadrosWindup PadrosWindup
Make FSU an offer they cannot refuse
B
Big12 guy
My guess, with the ESPN contract negotiations, it will be ESPN
that makes the ACC an offer they can not refuse.
1
1947Sunbowl
They are the disrupters,
And what frustrates distrupters is lengthy drawn out legal process. Mediation does not mean that its agreed to but rather to talk. Negotiations can go one for 8-9 months and if things dont work, the court in flat will proceed, however, at the same time the NC court will do its thing... and IF the florida court rules either way it will be appealed and the appellate courts backlog is 6-9 months and the same for the NC appellate courts, then they each party can appeal to the State supreme courts and then if you have different rulings, it goes back to federal courts. Every time draining accounts for legal fees. IF FSU wants this settled, please write a check for 500 million and you can leave. thank you and this behavior is why no P2 conference wants them,.. they are the disruptors.
T
TerryD
The deadline set by the judge is in August
In April, the judge ordered mediation and the entire mediation process to be completed this month. I forget the deadline date. The parties could have have scheduled the mediation at any time after April, but did not. This sounds like an attempt to comply with the judge's order and the deadline.
S
SpeakToDamien
Mediation helps the ACC.
It is non binding, slow, slows down the Florida case while the NC case speeds ahead
2
2hhoop3
Mediation while apparently.......
this Florida judge's go to for all disputes, is usually the nice way of the judge saying you two boneheads work this out and quit mucking up my docket. The mean way would be sending them to arbitration.