Quote:
Originally Posted by lozen
Agreed unless its binding mediation its almost useless.
There isn't really such thing as binding mediation (there is something kind of new with that name, which is a combo of arbitration and mediation, but that wouldn't be what the NHL is doing here). Mediation typically involves helping two parties reach an agreement, which they need to do so voluntarily. A mediator doesn't force them to make a deal.
I don't see how mediation is a bad thing. You bring a third party into the room and hope that third party can (a) work with the parties to bridge the gap between them and/or (b) open the eyes of at least one of the parties that it is being unreasonable and should reconsider its position. Worst thing that happens is mediation fails and you are where you are right now. The only loss is time and any expense involved.
That having been said, I wonder if mediation can be effective here. I don't see someone like Jeremy Jacobs being receptive to being told by a neutral that he needs to open his eyes. But conversely sometimes one party needs a little shove, or needs someone who it can use to save face when it moves off its "last and best" position in order to make a deal.