The Pac-12 and Mountain West are discussing the possible use of mediation to resolve an antitrust lawsuit filed by the Pac-12 over the so-called poaching penalty, according to sources with knowledge of the situation.
The process is just beginning. Nothing has been scheduled. No mediator has been selected. And the fledgling plans could fizzle at any point given the number of states and schools involved and the complexity of the situation.
The Mountain West initiated the conversation about mediation, according to a source.
Any formal talks likely would involve both the Pac-12’s antitrust challenge over $55 million in poaching fees owed to the Mountain West and a complaint filed by Utah State, Colorado State and Boise State against the Mountain West over millions in exit fees.
The three schools, along with Fresno State and San Diego State, agreed in September to leave the Mountain West and join the Pac-12 in the summer of 2026.
Those moves triggered the poaching penalty, which was built into a pre-existing scheduling agreement between the conferences. The Pac-12 subsequently challenged the legality of the poaching penalty with an antitrust lawsuit in the Northern District of California.
Separately, Colorado State, Utah State and Boise State filed a lawsuit (in Denver) against the Mountain West, seeking to avoid exit fees of at least $19 million per school.
The proposed mediation would encompass both lawsuits, which are tethered by the schools involved and the potential financial impact on the conferences.
Time is a factor in the legal process on two fronts:
— In the exit fee suit, the three departing schools and the Mountain West are filing a joint motion to stay the case, with an important deadline on Friday. Viewed by the Hotline, it suggests the potential for mediation of both cases:
“The interested parties, including the MWC and Plaintiffs, have agreed to explore a potential global resolution of all issues, including those raised in Plaintiffs’ Amended Complaint. The parties therefore request a stay of case deadlines to allow the parties to investigate the prospect of resolution without the need to divert their efforts and resources to briefing and/or responsive pleadings or other issues in this matter.”
— On March 25, U.S. Magistrate Judge Susan van Keulen is scheduled to hold a hearing on the Mountain West’s motion to dismiss the Pac-12’s antitrust lawsuit.
At stake — in both cases — is nothing less than tens of millions of dollars and, perhaps, the future of the Mountain West.
During her scramble to keep the conference intact following the Pac-12’s September raid, commissioner Gloria Nevarez offered massive cash incentives to UNLV and Air Force to remain in the Mountain West as the lynchpin schools.
According to a grant-of-rights agreement, which was obtained by KSNV in Las Vegas, the Rebels and Falcons will each receive tens of millions from the conference. The source of that cash: Approximately $100 million collected from the exit fees paid by the five departing schools and the poaching penalties due from the Pac-12.
If the Mountain West loses in court, or if a settlement produces far less cash than anticipated, the conference’s ability to make the promised payments could be impacted.
What might happen at that point is unknown.
Both conferences are currently seeking media rights deals for their next chapters, which formally begin in the summer of 2026.
Also, the Pac-12 needs at least one more full-time member to meet NCAA requirements. It held discussions with UNLV in the fall, but the Rebels agreed to remain in the Mountain West — in part because of the cash incentives offered by the conference.
Uncertainty over the outcome of the lawsuits, the payments due to the campuses and future membership structure could impact the media rights negotiations, especially for the Mountain West.
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