NASCAR is asking a federal court to appoint a new mediator to oversee settlement talks in the ongoing antitrust lawsuit filed by 23XI Racing, co-owned by Michael Jordan and Denny Hamlin, and Front Row Motorsports.
In its latest motion, NASCAR requested a judicial settlement conference, which would bring in an independent federal judge to help mediate the case.
But the two racing teams pushed back in a late Monday filing, insisting that they want to continue working with the current mediator, Jeffrey Mishkin — a former NBA executive vice president and chief legal officer who has been leading negotiations between the sides this year.
“Mr. Mishkin has invested significant time learning the case and meeting with both parties,” the teams wrote. “It seems NASCAR isn’t satisfied with the diagnosis and now wants a second opinion.”
23XI and Front Row praised Mishkin’s expertise in complex sports-related antitrust disputes, noting his experience mediating for organizations such as FIFA, the NFL, and the Court of Arbitration for Sport. They argued that restarting with a new mediator would only delay progress and make resolution less likely.
The dispute comes as NASCAR seeks summary judgment to have the case dismissed before the Dec. 1 trial date. A hearing on that motion is scheduled for Oct. 21.
At the heart of the case is NASCAR’s charter system — the foundation of its modern business model. The system guarantees teams annual revenue, race entry spots, and, according to NASCAR, has created over $1.5 billion in team equity since 2016.
While 13 of 15 teams renewed their charters last year, 23XI and Front Row chose to take NASCAR to court, arguing for greater financial fairness and protection within the system.
NASCAR claims a judicial settlement conference could help both sides find common ground and provide insight into how a jury might view the case.
For now, both NASCAR and the teams say they’re open to settling, but no agreement has been reached.
Michael Jordan reaffirmed that stance earlier this year, saying he remains open to a deal — but is also prepared to go the distance.
“If I have to fight this to the end for the betterment of the sport, I will,” Jordan said. “We’ve always been open to settlement — that’s never changed.”
