An independent mediator has been unsuccessful so far
Earlier in the summer, as required by the court, legal representatives of 23XI Racing and Front Row Motorsports met with legal representatives of NASCAR in New York over settlement terms over their antitrust lawsuit and countersuit, but no progress was made.
As a result, NASCAR has now motioned to the Western District of North Carolina and Judge Kenneth D. Bell to order a settlement conference overseen by a judge as opposed to the private meeting that previously occurred.
From the Monday NASCAR filing, which are italicized throughout this story.
“Accordingly, NASCAR believes that the parties would benefit from a facilitated settlement discussion with a distinguished member of the bench who could provide unique insight into a jury trial in a complex matter such as this one in front of a jury in this District. Recognizing the value of a judicial settlement conference, this Court has previously indicated a willingness to offer a judicial settlement conference at a similar stage in the proceedings: after efforts with a private mediator and following the close of discovery and filing of summary judgment motions.”
The previous settlement conversation took place on August 5, 2025 with former Chief Legal Officer of the National Basketball Association serving as appointed mediator -- a role he now serves in a full-time capacity.
“Again, despite best efforts, Mr. Mishkin was unable to resolve this matter. Additionally, throughout the course of litigation, counsel for all parties participated in numerous meet and confer conferences addressing the merits of the parties’ dispute, including those conferences held prior to the filing of the motions for preliminary injunction.”
Currently, 23XI and Front Row appear as if they want to continue any mediation efforts with Mishkin overseeing the conversations.
NASCAR has expressed, through legal filings and oral arguments, but also privately, that it wishes to reach a settled resolution with 23XI and Front Row before the scheduled December 1 trial by jury. In its most recent filing, a summary judgment motion that asked the court to effectively throw out the lawsuit on the merits, NASCAR also included written statements from 10 team owners that also urged both parties to settle as to not create uncertainty around the value of the charter system that oversees business and competition of the Cup Series.
In a statement issued on Friday after that motion, the lead attorney representing the two teams dismissed the argument and said that his clients are looking forward to presenting their case during the trial.
On one hand, NASCAR has previously expressed a non-willingness to renegotiate the terms of the charter agreement, signed by 13 of the 15 teams that compete in the Cup Series, as part of a settlement. Beyond that, NASCAR has asked in court and in filings what the teams want should they succeed, as a settlement starting point but that hasn’t been made clear thus far either.
The two teams appear to want to prove that they have been harmed, even during the charter negotiations, as a result of NASCAR’s market power over race teams like 23XI and Front Row.
NASCAR points out that, taken at face value, both parties at least agree that they are open to a settlement.
“We’ve always been open to a settlement. Always have been. We’ve never taken that off the table.”
Michael Jordan
“unless, of course, the parties settle, which Your Honor has also urged us to do. You know we’ve been unsuccessful so far in that, but, you know, that’s not something we couldn’t keep trying to do as we went towards trial.”
NASCAR attorney Christopher Yates
The NASCAR filing continues:
“Nonparty race teams have now submitted declarations which speak to a desire in the garage for a settlement of this dispute instead of putting the value created by the Charter system at risk at trial. The parties’ readiness to resolve this matter, along with the interests of others in the sport and the Court to see this case resolved, suggest a judicial settlement conference would be a meaningful way to facilitate a settlement.
“A judicial settlement conference, unlike a mediation or settlement conference, provides an opportunity for the parties and counsel to engage in settlement discussions with a judicial officer experienced in the legal issues and the issues common to a jury trial in the Western District of North Carolina. …
“NASCAR sees significant value in the ability of a distinguished member of the bench—whether a magistrate judge or another district court judge—to provide insight into this dispute in a conversation directly with the parties. A sitting judge carries a particular weight and gravitas that would aid here by evaluating strengths and weaknesses of the parties’ claims, communicating the risks inherent in a jury trial in this District, and moving the parties towards an amicable resolution.”
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Category: General Sports
