Pac-12, MWC mediation over 'poaching' fails

The Pac-12 and Mountain West conferences are headed back to court after failing to reach a settlement agreement in mediation over $55 million in "poaching" fees.

The conferences failed to reach an agreement by Tuesday's deadline in mediation that began in May. The Pac-12 has requested a hearing on the pending motion to dismiss on Sept. 9.

"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," the Pac-12 said in a statement.

The Pac-12 and some of the schools it is adding filed lawsuits last year, claiming the poaching clause it agreed to when it signed a scheduling agreement for its football teams for last season was invalid.

The clause called for payments to the Mountain West of $10 million for the first team that left, with the amount growing by $500,000 for every additional team. That was on top of the $17 million-plus exit fees schools were responsible for as part of a different agreement.

"The Mountain West provided the Pac-12 institutions with a lifeline, offering a full football schedule for the 2024 season," the Mountain West said in a statement. "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."

Colorado State, Utah State, San Diego State, Fresno State and Boise State are all set to join the Pac-12 starting in 2026. The conference added Texas State last month to reach the eight-team minimum to be eligible for an automatic bid for its conference champion in the College Football Playoff.

Oregon State and Washington State are the only remaining members following an exodus last year that threatened the conference's future. The two schools reached a scheduling agreement with the Mountain West so they could piece together a football schedule last season.

The Mountain West has added UTEP, Hawaii and Northern Illinois for football starting in 2026.