I can see the judge privately saying:
"Mr. Goodell, you are not going to win this case with me. The facts just are not with you. So you can either compromise or lose completely in my decision. The choice is yours. The other side is adamant about no suspension, and you are adamant that there must be a suspension. I DO WANT a compromise and DO NOT desire any further arbitration.
The sensible compromise for your side to propose, and one that lets you out of your untenable position most gracefully, is for you to offer to delay the decision on all punishments on this issue until next February. If both sides are agreeable to such a compromise, the decision will be made here in my courtroom, by me or by a designated arbitrator of my choice, after reviewing actual data for measured ball pressures in cold weather games played during the 2015 season. You now have a procedure in place for doing this.
Mr. Goodell, such a compromise would have the undesired and admittedly unfair effect of lengthening the uncertainty, in some peoples minds, of Mr. Brady's guilt or innocence. Accordingly, Brady and the NFLPA may not accept that scenario without additional concessions on your part. What would be reasonable for them to additionally ask of you, when announcing any agreement for a delay in punishment is as follows: 1) an apology from you for making conclusions without sufficient evidence, and 2) an assertion that no data supports your previous ruling at this time.
You must also pledge to me that you will clean up your office by removing from their positions the unethical people who guided the expansion of this story from a molehill to a mountain through willfully leaking and also not correcting false information. Am I clear, Mr. Goodell?"