Toronto Star

Mediation can’t break impasse

- IRA PODELL THE ASSOCIATED PRESS

NEW YORK— If the NHL and the players’ associatio­n are going to make a deal to save the hockey season, they are likely going to have to do it by themselves.

Apair of federal mediators tried to help for two days, but even they couldn’t bring the fighting sides closer to a compromise to the lockout.

“After spending several hours with both sides over two days, the presiding mediators concluded that the parties remained far apart, and that no progress toward a resolution could be made through further mediation at this point in time,” NHL deputy commission­er Bill Daly said in a statement Thursday. “We are disappoint­ed that the mediation process was not successful.” Two members from the Federal Mediation and Conciliati­on Service joined the discussion­s on Wednesday and Thursday and failed to make a breakthrou­gh. Now the owners and players are back on their own to somehow find a compromise.

“The mediators informed the parties that they did not think it was productive to continue the discussion­s further today,” players’ associatio­n executive director Donald Fehr said in a statement Thursday. “The mediators indicated that they would stay in contact with the league and the NHLPA, and would call the parties back together when they thought the time was right.”

After Thursday’s talks, NHL commission­er Gary Bettman offered the union a meeting that would consist of only owners and players — without the presence of leaders on both sides of the dispute — Daly wrote in an email. He added that the union was considerin­g the proposal and would get back to the league.

“Nothing else has worked,” Daly said in an email, calling Bettman’s proposal to exclude himself, Daly, Fehr and other league and union officials and lawyers “an offer to try something new.” NHLPA spokesman Jonathan Weatherdon said, “We will be discussing all matters regarding the last two days of mediation, as well as potential next steps with the executive board and negotiatin­g committee.” Those steps may include voting to decertify the union, a process that could allow the players to file antitrust suits against the league. “I’m not against an owners-players meeting,” agent Allan Walsh wrote on Twitter. “(But it) would depend though on which owners allowed to attend. If same four (who have been negotiatin­g), (it’s a) waste of time.” After agreeing to help from mediators Monday, the league and the union returned to the bargaining table Wednesday for their first faceto-face talks in a week. Those discussion­s lasted for about six hours. They met again Thursday morning until late afternoon before breaking off. The next sure thing on the hockey calendar is the NHL board of governors, scheduled next Wednesday in New York. The sides are getting close to losing another season to labour strife. The NHL is already the only major North American sports league to cancel a season because of such a dispute — when the 2004-05 schedule was wiped out. Mediation didn’t work back then, either, though the collective bargaining agreement that recently expired was ultimately hammered out. Mediators were summoned in February, shortly before the season was cancelled. In this stoppage, the sides have agreed to a 50-50 split of hockey- related revenue but disagree on a transition­al system that would reduce the players’ share from the 57 per cent they got last season. The NHLPA measured the gap at $182 million, but the real stumbling block is that “make-whole” payments would put the players’ share above 50 per cent early in the deal. The union has discussed decertific­ation, a strategy used by the NFL and NBA in negotiatin­g new labour deals last year, but hasn’t decided whether to proceed.

Thus, 77 days into the owners’ lockout of players, there is no end in sight. The lockout has forced the cancellati­on of games through Dec. 14, the Winter Classic and the allstar weekend in January.

 ?? CARLO ALLEGRI/REUTERS ?? Bill Daly, deputy commission­er of the NHL, said in a statement “We are disappoint­ed that the mediation process was not successful.”
CARLO ALLEGRI/REUTERS Bill Daly, deputy commission­er of the NHL, said in a statement “We are disappoint­ed that the mediation process was not successful.”
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