NASCAR is pushing for a fresh mediation phase in a high-stakes antitrust lawsuit, stirring debate among the involved parties. NASCAR has formally requested a judicial settlement conference to move forward with the antitrust case brought by 23XI Racing and Front Row Motorsports. But here's where it gets controversial: the two NASCAR Cup Series teams want to stick with their current mediator, not start anew.
The mediator in question is Jeffrey A. Mishkin from Phillips ADR Enterprises, who was appointed on January 28, 2025. Mishkin isn’t just any mediator—he’s a heavyweight in sports law. Before this role, he served as the executive vice president and chief legal officer of the National Basketball Association, and led the Sports Practice at the prestigious law firm Skadden, Arps, Slate, Meagher & Flom for over two decades. His track record includes representing giants like the PGA Tour, NFL, NHL, MLB, NCAA, and the U.S. Tennis Association.
Mishkin took part in an in-person mediation session on August 5, 2025, and has remained actively involved through several phone consultations with the legal teams both before and after that meeting.
Jeffrey Kessler, who represents 23XI Racing and Front Row Motorsports, argues that with the trial just eight weeks away, bringing in a new judicial officer who would have to start from scratch—learning the intricate background and the parties' complex history—makes little sense. He believes this move would actually decrease the chance of reaching a settlement, even though everyone involved agrees that settling is the ideal outcome.
Yet, Kessler and the teams respectfully acknowledged in a filing submitted to the federal court in Charlotte, North Carolina, that they remain open and ready to engage in meaningful settlement talks anytime, anywhere, and with any mediator.
On the other hand, NASCAR has expressed skepticism about Mishkin’s ability to resolve the issue so far, suggesting that a neutral judicial figure might be better positioned to guide the parties to a fair and reasonable agreement.
This ongoing tug-of-war raises an intriguing question: Is changing mediators this close to trial a strategic disruption or a genuine effort to find an impartial path to resolution? And this is the part most people miss—how the backgrounds and approaches of mediators can deeply influence settlement dynamics in such high-profile sports disputes.
Adding some context to this saga, Deb Williams is a native of North Carolina and a celebrated motorsports journalist with nearly 40 years of experience covering auto racing. Her work has appeared in United Press International, ESPNW.com, USA Today, and The Charlotte Observer, among others. Williams has earned multiple honors, including the American Motorsports Media Award of Excellence, National Motorsports Press Association writer of the year twice, the Russ Catlin award twice, and recognition in the North Carolina Press Association’s sports feature category. Over her career, she has held key editorial roles, including managing editor of GT Motorsports magazine and editor for NASCAR Winston Cup Scene over a span of 18 years. In 2024, she was inducted into the NMPA Hall of Fame.
What do you think—is NASCAR making the right call by seeking a new mediator, or should the teams stick with Mishkin to avoid losing precious time? Share your thoughts below and let’s start a conversation.
