Meet the Ex-NBA Exec Mediating Michael Jordan’s NASCAR Lawsuit

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Former NBA executive Jeffrey Mishkin, one of the most prominent sports attorneys in recent decades, has been tapped to mediate the antitrust litigation involving 23XI Racing, Front Row Motorsports, NASCAR and CEO Jim France. Michael Jordan and Denny Hamlin own 23XI Racing.

According to court records, the parties notified U.S. District Judge Kenneth D. Bell last week they had agreed on a mediator, and their pick is Mishkin. In December, Bell ordered the parties to conduct a mediation and for it to occur no later than Sept. 24, 2025. The judge also ordered them to pick a mediator by Jan. 31, 2025. A 10-day jury trial—which would center on whether NASCAR uses monopoly power to suppress competition in ways that limit economic opportunities for premier stock car racing—is scheduled to begin in December.

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Bell directing 23XI Racing, Front Row Motorsports, NASCAR and France to mediation reflected his reasoning that they might be better off striking a deal instead of taking their chances in court. He noted that through a settlement, “the parties can avoid the ongoing costs and risks inherent in litigation.” Bell added that “in a settlement the parties can agree on equitable or business solutions or accommodations different than or beyond those” that he or a jury might order. To those ends, Bell ordered the parties to conduct settlement talks and to try mediation.

Mediation is a confidential dispute-resolution process. Unlike arbitration, mediation is non-binding. The parties submit written materials and appear before the mediator in a setting less formal and more conversational than a court proceeding. At the conclusion of mediation, the mediator will propose a solution. The solution only becomes binding if all the parties agree and, here, if Bell signs off. At a minimum, mediation compels the parties to discuss a resolution and allows a neutral party to suggest how they can end their dispute.

Mishkin, who works at Phillips ADR Enterprises (PADRE), is uniquely well-positioned to handle this particular sports and antitrust dispute. He served as executive vice president and chief legal…

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Source link : https://sports.yahoo.com/meet-ex-nba-exec-mediating-105500368.html

Author : Sportico

Publish date : 2025-02-07 10:55:00

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