College Sports Chaos: Mountain West, Pac-12 reach impasse in mediation

Mediation between the Mountain West and Pac-12 has failed to produce a settlement, and the parties will take the case to court, according to a court document filed by the leagues Tuesday.

Both parties requested and were granted a stay in the case to allow for a mediation process to transpire. That stay expired Tuesday, with the parties filing a joint status report in U.S. District Court for the Northern District of California stipulating they were unable to come to an agreement.

At issue is more than $150 million in exit and poaching fees the Mountain West claims it is owed as a result of five teams leaving for the Pac-12. The Pac-12 and its new members filed suit in September 2024 to challenge the fees in court.

The Mountain West has filed a motion to dismiss the suit, requesting a Sept. 9 hearing.

According to the new filing, the leagues began mediation May 19 and were unable to resolve the case.

“The Mountain West and Pac-12 mutually agreed to mediation, and as noted in today’s Joint Status Report, were unable to reach a resolution,” the Mountain West said in a statement. “The case will now proceed to a court hearing on the pending motion to dismiss.”

Mountain West football media days are scheduled for Wednesday and Thursday at Circa. Commissioner Gloria Nevarez is expected to deliver a state of the conference address Wednesday morning, when she most likely will comment on the latest developments in the case.

A previous court order stated proceedings would begin approximately 30 days after the hearing on the Mountain West’s order to dismiss. That means they would start in October, unless the Mountain West succeeds in dismissing the suit.

UNLV agreed to a lucrative financial package to decline an invitation to the Pac-12 and remain in the Mountain West. The payout was expected to be made from monies collected from the exit and poaching fees, but a trial could delay any payment for an extended period.

The teams that left for the Pac-12 — Boise State, Colorado State, Fresno State, Utah State and San Diego State — owe approximately $18 million each in exit fees. A football scheduling agreement between the two leagues also included a poaching stipulation that said the Pac-12 would pay the Mountain West $10 million for any team that left the conference, with the amount growing by $500,000 for every additional team.

“The Mountain West provided the Pac-12 institutions with a lifeline, offering a full football schedule for the 2024 season,” the Mountain West statement continued. “The Pac-12 willingly signed the scheduling agreement with full knowledge of the contractual provisions and is attempting to avoid its legal obligations. The Mountain West will aggressively protect the interests of our member institutions and is fully prepared to hold the Pac-12 accountable.”

Pac-12 response

The Mountain West initiated mediation talks in February. The Pac-12 agreed to respect the process but always maintained it was prepared to take its case to court if necessary.

“While the Pac-12 engaged in the process in good faith, the mediation did not result in a resolution,” the Pac-12 said in a statement. “The Pac-12 remains committed to moving forward with legal action in response to the Mountain West’s attempt to impose so-called ‘poaching penalties,’ provisions we believe are unlawful and intended to obstruct our ability to act in the best interests of our student-athletes and member institutions.

“We are confident in the strength of our position and remain focused on upholding the academic excellence, athletic success and proud tradition that have defined the Pac-12 for more than a century.”

Contact Adam Hill at ahill@reviewjournal.com. Follow @AdamHillLVRJ on X.