In September 2012 the NHL and the National Hockey League Players’ Association (NHLPA) entered a labour dispute at the expiry of their collective bargaining agreement. The lockout threatened the entire season and carried enormous financial and reputational risk for clubs, players, and related businesses. What stands out in this case is how mediation — via the Federal Mediation and Conciliation Service (FMCS) and mediator Scot L. Beckenbaugh — served as a pivotal tool, steering the parties toward settlement before total cancellation.
The Stakes and the Impasse
When the previous CBA expired, both sides faced fundamental disagreements over revenue sharing, contract length, player movement and cap rules. As negotiations stalled, the league locked out the players on 15 September 2012. As of early January 2013, some 50 % of the regular season games had been cancelled. The economic and reputational cost was rising fast. (Source: Bureau of Labor Statistics)
The Role of Mediation
The FMCS was brought in as mediator. Scot Beckenbaugh, Deputy Director of FMCS, became the central figure in shuttle-style mediation — meeting individually with the league and union, navigating high tensions, and building trust. On 4–6 January 2013, mediation sessions accelerated; Beckenbaugh reportedly walked between sites for 12+ hours, facilitating discrete discussions that led to a framework agreement around 6 January. (Source: SB Nation)
Why It Worked
Mediation succeeded here for several reasons:
- Confidential, private process: The parties had space to talk candidly away from public scrutiny, which reduced posturing.
- Relationship preservation: Unlike litigation or impasse, mediation allowed both sides to co-construct the deal, preserving future working relationships.
- Flexible outcomes: The solution included a 50:50 split of hockey-related revenue (down from 57 % for players), term limits on contracts and other structural changes, which balanced both parties’ interests.
- Time-sensitivity: With the season at risk, the urgency made mediation more effective than drawn-out legal or adversarial pathways.
Implications for Sports Organisations
For sports organisations — whether clubs, associations or teams — this case offers lessons. High stakes, ongoing relationships and public impact mean that conflict resolution through mediation can be far more productive than adversarial approaches. Confidentiality is key. Public disputes can damage brand, morale and stakeholder trust.
“Confidentiality is not optional in sport — it’s essential. If the matter becomes public, everyone loses.”
— Dominic Condello
Applying the Model in Smaller Settings
Even if the dispute isn’t league-wide, the same model works for coach-athlete or club internal matters:
- Engage a neutral mediator early before breakdown becomes entrenched.
- Use private caucus sessions to allow each side to speak freely.
- Focus on future working relationships, not simply blame.
- Keep the process discreet to protect reputations and preserve trust.
A Cost-and-Risk Perspective
The NHL lockout illustrates the hidden cost of unresolved conflict. Had the season been totally cancelled (as in 2004-05), losses would have been far higher. Mediation helped avert that outcome. For most sport organisations, the cost of a tribunal or litigation in terms of time, money, reputation and distraction is far greater than the investment in mediation.
Final Thought
When conflict hits sport — whether between athletes and coaches, across teams or within governing bodies — mediation offers a pathway that preserves relationships, controls risk and keeps focus on performance. The NHL’s 2012-13 lockout may have been at a large scale, but the principles apply just as well to grassroots clubs and associations.
If you’d like to explore how mediation could work in your setting — confidentially, efficiently and effectively — I’d be pleased to talk.
— Dominic Condello, Founder, DC Mediation
