WEEI article by Trags refers to
Mediator James Francis, whom Judge Berman appointed to facilitate the afternoon discussions between the parties.
I think this is the guy:
http://law.fordham.edu/adjunct/2440.htm
It says he did work on protecting the rights of
disabled persons. I am now concerned he might have a soft spot for the Ommissioner.
That said, he looks pretty accomplished and shares a Fordham connection with the judge.
For Brady, how can he accept any suspension? Under oath he said he is innocent and he has gone to the mat for this. To then accept a suspension is a de facto admission he is guilty of the charges. His dishonor will be confirmed for all intents and purposes. There will be little salient argument to say he's not dishonorable. Reduced income, sullied name recognition and maybe a turncoat for turning his back of the union. Bottom line: Consider that then consider how is any of that changed if it is only a 1 game suspension??
For Goodell, and here's the kicker, even with the ramifications for Brady listed above, it's easier for Brady to accept a suspension than Goodell to accept no suspension. Look at the big picture for Goodell. He is the top dog for the ultra premier, powerful, cash cow NFL. A business that probably contains the most elite and exclusive club in the world. Goodell is the top dog of that super elite club of titans. TV networks bow to him. Tons of companies beg to be his pal to be able to do business with him. Billionaire owners feel a chill if they think they could get on his bad side. Now consider Goodell spent between 6 to 10 million dollars to build a punitive case against one of the league's epic stars. He brought an unprecedented hammer down on Brady and brought it down on one of the league's elite teams. Goodell then forced that decision to circle right back to him so he could say "our case is the gold standard" and made it clear that he looked it ALL over again and it clearly says Brady's punishment is right and valid. Goodell called out all his media lapdogs and every other kind of dog to help submarine Brady. Goodell opened himself up for media ridicule for what is clear dishonesty, all done for the purpose of beating Brady in court and maintaining the suspension.
So how does someone in that kind of position of power who has expended big financial, personal, occupational, and political capital so he could cement his decision/actions/position, how does he then willfully say "I'm going to dismiss the suspension"?. How does someone in his position do that and ever be seen with the same influence and gravitas for a long time? How does he keep owners fearful of getting together to get the votes to send him packing? How does he keep players from defying his decisions? How does he act super firm like a steel wall with the NFLPA/negotiations when everyone will know that no matter what money and influence he puts on the line, he can be made to cave, to be frightened of what could happen to him?
IMHO Brady will accept a suspension WAY before Goodell will accept no suspension. And brady accepting the suspension is between slim and none. Either way, whichever man accepts suspension or accepts no suspension is going to take a major hit for that decision. Bottom line: it is a far better fate for either man to have a judge force the decision,. This allows each man to remain locked to their original positions while also saying "I was forced by a judge to accept something I have said from day 1 was not right and continues to be not right". So we can yammer about the mediation and the possibilities of it, however, this mediation is a waste of time.
