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Where do CBA talks go as mediation fails?

By Pierre LeBrun | ESPN.com

Well, let’s be real, few of us thought mediation was going to work anyway.

The real question now is where the NHL and NHL Players’ Association goes from here after mediation sessions in Woodbridge, N.J., were unable to unglue entrenched positions.

Well, Gary Bettman offering to bench himself is some kind of curveball, eh?

The news wasn’t 90 minutes old that mediation had failed to bring any progress in NHL labor talks when word surfaced the NHL commissioner offered Thursday to NHLPA executive director Donald Fehr to have owners and players only in the next bargaining session (whenever that is) -- no league or union brass or staff.

I’ll say this for the commissioner, this one caught everyone off guard.

"We want to find a way to get to a deal," NHL deputy commissioner Bill Daly told ESPN.com via email Thursday evening, explaining the surprise offer. "Nothing else has worked. The commissioner felt that we might as well propose something different. We will see how they respond."

An NHLPA source confirmed the union was contemplating the offer, which should not be confused with definitely accepting it.

So if you’re the PA, what do you do here?

On the one hand, players have long ago and predictably tired of Bettman -- name-calling and all -- so the opportunity to see him removed from the bargaining room seems like an offer too good to resist.

On the flip side, some people were quick to argue on Twitter Thursday night that the NHL has always wanted to find a way to split Fehr away from the players, so perhaps this was a chance to do it?

I’m not sure I buy that, but certainly you can make the case the NHL has long been concerned in this process that it hasn’t been able to properly get its message directly across to the rank and file players. So this would certainly present that chance.

If I’m in the NHLPA, as my ESPN colleague Katie Strang suggested Thursday night, I only agree on doing this if all 30 owners are invited to join if they so chose to.

I’d go further. I’d request that Jeremy Jacobs also join Bettman on the bench. Whether or not the kind of vitriol the players have for the Boston Bruins' owner is justified on all levels, the fact remains that he has come to represent all that is wrong with NHL ownership in the eyes of players. Get him out of the room.

Let’s get some fresh voices with a fresh approach. At this point, the process requires it.

In the meantime, now that mediation has been checked off the list, you have to believe union decertification (or disclaimer of interest) is becoming more and more a possibility for the players, even if they know they risk just as much as the owners with that nuclear option. Still, despite the possible pitfalls of decertification, it’s the kind of thing that seemed to push a deal through in the NBA labor impasse a year ago.

Thing is, you have to understand that if the NHL calls your bluff, you also have to be ready to go all the way with it. Not an easy decision.

And no, for all those on Twitter who asked me Thursday evening if I’ve finally lost my optimism for a season, I have not totally lost it.

I’m less confident of it, but I still can’t fathom both sides allowing whatever existing differences that remain to force an entire season to get cancelled for the second time in eight years. Which is otherwise known as industry suicide.

I still can’t see it happening. But I’m less sure of it than I was before.

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Were 182$ Dollars + Contracting rights away from getting a deal done, to me it is that simple.There are secondary issue's and things but if we can get those 2 in order everything else should fall into place.

182 / 2 = 91. Simple enough?

Each side should move 91$ Dollars closer on that, then for the contracting rights the NHL should leave UFA status and ELC's alone as a "reward" you could say for dropping there share of HRR, and on the NHL's side something should happen where teams are punished for cap circumvention, I think the PA could agree to that.

Does that not sound fair? It's embarrassing it has taken this long.

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Searching for good faith in NHL negotiations

With the entry by U.S. federal mediators into the National Hockey League labour dispute, commissioner Gary Bettman may finally have to explain his reasons for war and provide a cogent economic argument why a league boasting record revenues needs massive concessions from players.

Or the NHL's acceptance of mediation could be for public relations, a charade to show the league did everything it could before scuttling another full season. Back in 2005, the league agreed to mediation three days before cancelling its campaign.

We'll learn within a couple of weeks, perhaps even this week, whether there's any good faith left in negotiations between the NHL and its players' association. But we know already that Bettman will continue to be the lightning rod for hostility over the owners' lockout.

Capping a week that saw Detroit Red Wing defenceman Ian White call Bettman an “idiot” and Florida Panthers' forward Kris Versteeg refer to the commissioner as a “cancer,” Chicago Blackhawk deep thinker Dave Bolland re-tweeted a Twitter follower's desire for “wanting Bettman dead.”

Bolland quickly apologized on Saturday – more or less as he did 11 months ago when he called Canuck stars Daniel and Henrik Sedin “sisters” and said Vancouver was full of “weirdos.” Canuck coach Alain Vigneault responded that Bolland had a brain the size of bird seed. No argument here, except some bird seed includes nuts, which can get pretty big. Like walnuts.

But it is mystifying and exasperating that in the third month of the lockout players continue to target Bettman almost exclusively, instead of taking aim at the 30 owners who drive this dispute through their top employee.

“Obviously a lot of frustration is guided towards their leader,” Canuck Manny Malhotra, part of the NHLPA's negotiating committee, said Monday after he and eight other locked-out NHLers practised with the University of B.C. Thunderbirds. “Really, when you think about it and you're talking about a $3 billion business, I don't think name-calling is going to get anything accomplished.”

“He's got 30 owners hiding behind him,” Henrik Sedin said of Bettman. “The way people are saying some things about him or tweeting about him, I think that's wrong. He's working for someone. I don't think he's running the agenda by himself.”

Probably not. But Canuck defenceman Kevin Bieksa disputes the notion that Bettman is merely employed to do the bidding of owners like any other corporate chieftain who answers to a board of directors.

“I don't think Gary takes orders from anyone,” Bieksa said. “I think he talks to some owners. And I don't think every owner's opinion carries the same weight. It's just my opinion, but I think there are a lot of owners who don't get a say. I strongly believe a lot of owners are left in the dark right now.”

Still, if Bolland really wants to be heard he should criticize Blackhawk owner Rocky Wirtz's complicity in a lockout that could undermine the NHL's terrific Renaissance in Chicago.

Versteeg should blast Panthers' ownership for draining NHL resources and helping enable Bettman in a voting structure rigged in the commissioner's favour.

White should ask publicly how Red Wings' owner Mike Ilitch could have been part of a unanimous vote in favour of the lockout when he has profited so handsomely from hockey.

The saddest statement from a player during the lockout was not Bolland's stupidity with social media but the retraction last month by Minnesota Wild defenceman Ryan Suter after he criticized lockout hawk Craig Leipold for signing $98-million contracts the team owner claims he can't afford and doesn't want to pay. Suter said he didn't mean to imply that Leipold had acted in bad faith.

But Leipold did. Suter had it right the first time.

MORE SUPER DAVE: Asked about Bolland wanting Bettman dead, Daniel Sedin said: “I'm lucky I never received a death threat. I'm happy I got off pretty easy.”

Bolland has battled the Sedins for years and famously so infuriated Daniel in the 2010 playoffs that the Canuck wanted to fight Bolland, which would have been a Sedin first in the NHL.

“I'm not a big Dave Bolland fan to begin with,” Bieksa said Monday. “I think he has handled the media wrong a couple of times in the past and this is just another example of Dave Bolland being Dave Bolland.”

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If I were the PA, I would only do this if all the owners or GMs were going to be there. Having league lackeys like Burke toeing the party line would be a useless exercise.

Having every GM/Owner having to sit there and explain to the player they just signed why they hope to cheat on the contract amount would be pretty telling.

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I had a dream last night that about 12 profitable teams devised their own impromtu schedule and just started playing their own season. They didn't call anything about it the 'NHL' and all the NHL's threats and fines became nothing more than wind. A couple other teams joined after a few weeks, and seedings were determined on their Winning %. Fans filled the seats, new sponsorship deals were struck, and HBO 24/7 had a crew follow each team throughout the entire season, so fans got to see every game and every PG-13 bit of behind-the-scenes activity of their favourite team(s).

It all seemed to make perfect sense. I wish I hadn't woken up.

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Were 182$ Dollars + Contracting rights away from getting a deal done, to me it is that simple.There are secondary issue's and things but if we can get those 2 in order everything else should fall into place.

182 / 2 = 91. Simple enough?

Each side should move 91$ Dollars closer on that, then for the contracting rights the NHL should leave UFA status and ELC's alone as a "reward" you could say for dropping there share of HRR, and on the NHL's side something should happen where teams are punished for cap circumvention, I think the PA could agree to that.

Does that not sound fair? It's embarrassing it has taken this long.

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