NBA Lockout: Litigation, Mediation, and Realization.

NBA Lockout 2011Personally, I am a hockey fan. When NHL experienced its lockout in the 2004-2005 season officially canceling all games and not having the Stanley Cup awarded for the first time since 1919 all because of a labor dispute I was devastated. A part of me, however, was interested in how the resolution was reached and exactly what went on behind the closed doors to negotiate the Collaborative Bargaining Agreement.

The NBA is faced with a lot of issues, but of course the fundamentals are simple, $4 billion. On Tuesday, November 16, 2011 some of the major issues was basically agreed upon and the agreement was very close to being signed. However, a small issue of taxes prevented it from going through. Since then, the players have hired a new attorney, David Boies and filed two lawsuits against the league’s owners demanding to be allowed to immediately return to work. Perhaps this power move will persuade more serious negotiations as neither side wants to spend more money on litigation. In reality – my opinion is that litigating a dispute of this nature will solve nothing. There is a reason for CBAs and the negotiations, because they work. The trick is getting everyone to agree.

When mediating issues of such caliber it is very difficult to have everyone compromise on a single issue. In masses there is chaos. One person can pretty much ruin the entire process and cause the agreeing parties reconsider their positions. Much like the jury deliberations or for that matter my family’s decision making process on which restaurant to order dinner from. When you have 12 people getting together a single event, you instantly get 24 opinions. But I digress.

There is no question in my mind that this is going to be a very lengthy and costly process with one clear loser – the fan. It is only when the owners and the players realize that the biggest sufferers  in all this will be the fans. After all, professional sports are built on making the fans happy. Beer, hot dogs, plush seats, cheerleaders and half time shows are all for the fans. The sport it self is an excuse to bring the fan into the arena and have them spend money. Realizing this will, in my humble opinion, help resolve this dispute much quicker. The happier you make the fans the more money they will spend and the less time you have to spend negotiating over $4 billion. Of course there is also greed, but that is a topic best saved for the next blog. I just hope that by the time I post this, I will be proven wrong and the NBA lockout of 2011 will end.

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