Let the mediation begin!

Discussion in 'American Airlines' started by MetalMover, Oct 28, 2013.


  1. MetalMover

    MetalMover Veteran

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  2. AANOTOK

    AANOTOK Veteran

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  3. BigMac

    BigMac Veteran

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    *snicker* "EXPERTS" *snicker*....lmfao.
    +1
     
  4. dfw gen

    dfw gen Veteran

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    About time for world traveler to show up and tell everyone how delta didn't need mediation blah blah....
     
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  5. WorldTraveler

    WorldTraveler Corn Field

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    uh, if you had read what I have said, I have noted MULTIPLE times that it is almost unheard of for a civil case to not be solvable by some form of remedy.

    And as you well know if the DOJ expected that mediation would be a possibility, that is all the more reason why they said from the beginning that there were no remedies that could be large enough.

    And for AA/US, it says they will make concessions and they will likely be a lot larger than AA/US had originally offered - which likely means several dozen slot pairs at DCA alone.
     
  6. FWAAA

    FWAAA Veteran

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    Terry Maxon doesn't view the news about a mediator as noteworthy as some of you (check out the last sentence in the parentheses):
     


     
    http://aviationblog.dallasnews.com/2013/10/airlines-doj-agree-to-mediator-as-they-head-toward-trial.html/

     
    In every federal court lawsuit, the judge orders the parties to pick a mediator to help with settlement.   
     
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  7. WorldTraveler

    WorldTraveler Corn Field

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    mediation is also a much easier process than for a judge to impose a settlement.
    Even if the parties don't really like the mediation, they at least had some say in it vs. having an imposed settlement.
    And it also avoids the risks on both sides of losing a lot more than what would be involved in mediation.

    It also weighs much heavier on the case if a mediator can say that one side put forth reasonable efforts to resolve the case but the other side made no efforts to move on their positions.
     
  8. AA-MRO.COM

    AA-MRO.COM Senior

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    • They should let the negotiations drag on for years like they did with our contract...
    • Karma
     
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  9. MetalMover

    MetalMover Veteran

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    Speaking of experts.............MAXON SPEAKS....
     
    The importance of this development is that the DOJ agreed to a mediator...
    They began with a flat out rejection of the merger via a lawsuit....Now we're at the mediation stage.
    True it is customary in similar cases to hammer something out. They could have easily rejected mediation and proceed to trial.
    "Sorry your honor, we respectfully reject the offer of mediation because we still believe this merger will lead to higher fares, less competition and reduction in routes at many airports."
     
  10. jimntx

    jimntx Veteran

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    Or, maybe the DoJ, unlike our current Congress or the AA/US executives, sees value in finding a solution that everyone can live with, or at least trying to do so.  When a Federal judge suggests that the two sides of a case find a mediator they can both accept, it's generally not smart to tell the judge I ain't gonna do it.
     
  11. UPNAWAY

    UPNAWAY Veteran

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    This will most likely force the DOJ to show their hand. They either really beleive their own spin or all they want is some NYC & DC divestment. If the later we get a deal rather quicly. If they hold to the redicules claim that 1400+ routes will be less compative it goes to court, which US/AA will win.
     
  12. 700UW

    700UW Corn Field

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    With discovery, both sides have showed each other their hands.
     
    And to Knot, cant you leave the political snipes out of this thread.
     
  13. AANOTOK

    AANOTOK Veteran

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    I didn't know that using a mediator (which both the airlines and DOJ have agreed to do) was needed to gain
    "nothing short of a full injunction against the merger" an outcome Assistant U.S Attorney General Bill Baer said would be needed to protect consumers.
    Maybe it is a little more "noteworthy" than some want to admit!
     
  14. MetalMover

    MetalMover Veteran

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  15. Jacobin777

    Jacobin777 Senior

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  16. NYer

    NYer Veteran

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    There is nothing in mediation that will force a settlement as the trial is set to being as scheduled on November 25th. The DOJ would have to make a major step backwards in order to accept a settlement since their goals are to prevent a merger from taking place.
     
    Aside from that, if the airlines give major concessions that will hinder their projected revenue...guess what? They'll have to re-do the POR and once again gain the acceptance of all the Creditors. All that seems to make a settlement difficult, at the very least.
     
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  17. jimntx

    jimntx Veteran

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    Jacobin and NYer, good points!  Let's all keep in mind that going through mediation does not guarantee a solution good or bad like arbitration would.  The arbitrator is empowered to decide the outcome--usually binding on all parties involved.  A mediator is nothing more than a facilitator charged with trying to help the disputants find a solution that both can agree to/live with.
     
    With a mediator, a valid outcome is "no agreement was reached by the disputants, and I {the mediator} see no possibility of such agreement nor a reason to continue mediation."  At that point the judge will probably say, "see you all in court on the 25th.  Have your opening arguments prepared."
     
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  18. FWAAA

    FWAAA Veteran

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    The government agreed to a mediator because the judge ordered the parties on August 30 to agree on the identity of a mediator.   And that's somehow a newsworthy development?
     
    What do you mean by "Now we're at the mediation stage"?    There's been no news that the parties have been in negotiations at all, let alone with the mediator.   
     
    I understand where you're coming from.    In Section 6 negotiations (where your familiarity with mediation probably arises), mediators are brought in when negotiations get nowhere.
     
    In this case, the judge set the trial date and in the same paragraph, ordered the lawyers to agree on the identity of a mediator that they could use "in their discretion."   

    Now, the news has come out that they did exactly what the judge ordered them to do, and all of a sudden, some of you are assuming multiple facts not yet in evidence - namely, that the parties are negotiating with each other.    They might be, but none of the links thus far establish any negotiations.  
    Like I said - none of the links establish that the airlines and the DoJ have agreed to use a mediator.   The articles do confirm that they did what they were ordered to do, which was pick one.   
     
  19. 700UW

    700UW Corn Field

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  20. MetalMover

    MetalMover Veteran

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    I guess this latest development is not newsworthy either...
     
    http://finance.yahoo.com/news/u-seeking-divestitures-american-us-020109452.html
     
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