NASCAR asks court for help in settlement talks over 23XI Racing lawsuit

NASCAR has filed a new legal motion in relation to their ongoing courtroom battle with 23XI Racing and Front Row Motorsports.

The motorsport giant has motioned that Judge Kenneth D. Bell and the Western District of North Carolina order settlement talks overseen by a judge (not Bell) rather than the previously mediated private meetings.

That August meeting was mediated by Jeffrey Mishkin, former Chief Legal Officer of the NBA and now a full-time mediator, with NASCAR saying in their filing 'despite best efforts, Mr. Mishkin was unable to resolve this matter'.

NASCAR's filing reads: “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.

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"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.”

It continued: “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."

23XI and FRM responded within hours, filing to continue mediation attempts with Mishkin and reject NASCAR's motion, saying of the former NBA man: “He has significant expertise in complex, sports-related antitrust disputes and has served as an arbitrator or mediator for the international Court of Arbitration for Sport, the America’s Cup, FIFA, and the NFL, among others."

They also called the move by NASCAR 'another effort to play to the court of public opinion', claiming that starting over without Mishkin would harm chances of a settlement rather than bolster them.

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