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Let the mediation begin!


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41 replies to this topic

#1
MetalMover

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Who knows? maybe this will never make it to trial!

 

http://finance.yahoo...-230100333.html


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#2
AANOTOK

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Who knows? maybe this will never make it to trial!

 

http://finance.yahoo...-230100333.html

Dunno...some experts on this board said the DOJ would never agree to mediation.


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31 yr AA employee


#3
BigMac

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Dunno...some experts on this board said the DOJ would never agree to mediation.


*snicker* "EXPERTS" *snicker*....lmfao.
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#4
dfw gen

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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

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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.
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#6
FWAAA

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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):

 

US Airways, American Airlines and the U.S. Department of Justice disclosed Monday that they’ve picked a mediator to see if they can resolve any or all issues in the DOJ lawsuit seeking to block the air carriers’ merger.

 

They didn’t disclose the mediator’s name or any other particulars of the mediation effort.

 

In a joint status update filed late Monday afternoon in U.S. District Court in Washington, D.C., they simply stated: “The Parties have agreed to a mediator suggested by the Court.”

 

It is common in lawsuits for judges to urge the warring parties to present their cases to a mediator in hopes of resolving the issues before trial. The DOJ’s antitrust lawsuit against American and US Airways begins Nov. 25 in U.S. District Judge Colleen Kollar-Kotelly’s courtroom in Washington, D.C.

 

In this case, the judge on Aug. 30 ordered: ”The parties shall also confer and contact the Court regarding the appointment of a third-party mediator for use at the parties’ discretion.”

 

(I would call this a neutral development. The judge told them to go get a mediator, so they went and got themselves a mediator. This doesn’t indicate they’re any closer (or farther) from a settlement. It indicates they listened to the judge and did what she told them to do.)

 

http://aviationblog....ard-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

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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.
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#8
AA-MRO.COM

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

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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):

 

 

 

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."


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#10
jimntx

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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.


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#11
UPNAWAY

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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.


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#12
700UW

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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.


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