~ A Mediator's Musings ~

March 30, 2012 ~ Malcolm Gladwell and Sports Team Ownership:
A Preview (the Dodgers)

Events have a way of catching up with all of us.

Our next post will be our dissent from best-selling author Malcolm Gladwell’s piece published a few months ago in Grantland on the NBA lockout and sports team ownership, but recent news has persuaded us to give our readers this preview. Mr. Gladwell’s basic premise is that if you want to own a sports team to make money, (more…)


March 19, 2012, updated March 21, 2012 ~ The End of March Madness? Madoff, the Mets and the Mediator Redux

Robert Berliner, January 21, 2012, quoted in story by Larry Neumeister of Associated Press: “ ‘After the narrowing of the issues by the judge, I thought they ought to be in a position to settle it. I was a little surprised that hasn’t happened yet,’ he added.  ‘There are a lot of cases that settle on the courthouse steps on the day of trial and this could be one of them.’ ” (more…)


March 16, 2012 ~ March Madness? Madoff, the Mets
and the Mediator

What a mess. We shouldn’t be surprised that Bernie Madoff left his customers, the government, the courts and everyone else a mess to clean up, but the complexities, legal machinations and stresses have taxed even the most vivid imaginations among us. And of course for the fan, the focus has shifted to what should be one of baseball’s prize franchises—the New York Mets—the National League representative from our largest city, in a brand new ballpark that has received rave reviews, but whose owners, childhood friends of Bernie Madoff, have lost millions of dollars invested with his company and face the prospect of losing millions more. They have (more…)


March 6, 2012 ~ Ryan Braun and Major League Baseball:
A Mediator’s View

Ryan Braun has become the first major league baseball player to have tested “positive” for presence of a “performance enhancing substance” meeting the prescribed testing levels under Major League Baseball’s drug program and obtained a ruling from the Arbitration Panel1 that overruled the imposition of the discipline imposed for the first positive test result—a 50 game suspension. Ryan Braun is not just any player. He is the incumbent Most Valuable Player of the National League (more…)