~ A Mediator's Musings ~

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…)


February 17, 2012 ~ “Linsanity”, the NBA and where Ivy League sports are headed

If you haven’t heard about Jeremy Lin by now, then you must be doing a Rip Van Winkle number. Jeremy Lin, of course, is the newest NBA sensation—a Harvard (yes, Harvard!) graduate,1 undrafted, cut by two NBA teams, picked up by the New York Knicks and brought up (presumably) to ride the bench with the Knicks after a brief sojourn in the NBA’s Development (read “minor”) League. In his first week, (more…)


February 3rd, 2012 ~ So how has money changed our sports world?

How has money changed our sports world?

Vastly. To borrow from the poet, let me count (some of) the ways: (more…)


January 27, 2012 ~ Why a blog on disputes and dispute resolution
in sports?

When we were kids, sports seemed simple. We got a bunch of our pals together, got our balls and bats or basketball or football, went to the playground, chose up sides, and played. If we had an argument about a play or anything else, we resolved it ourselves. If we were fans, we got on the bus (or train) or went with our dad to the stadium or arena, bought a ticket and watched the game. If dad wasn’t with us, we could usually pay for the trip, the ticket and those refreshments we were allowed to have from our allowance. (more…)