The antitrust showdown between NASCAR, 23XI Racing, and Front Row Motorsports has dragged on for over a year, ever since those teams resisted the 2025 charter deal back in September 2024. Now, as a federal judge in Charlotte pushes for mediation this week, the pressure’s mounting to hash things out before a December trial.

That tension got a fresh jolt on Monday when the Driver Advisory Council, led by Kurt Busch and Jeff Burton, entered the battle. They signaled they’re ready to weigh in, worried that any quick fix might sideline the very folks who turn the wheels. The DAC was formed in 2016 to give drivers a stronger say in the sport’s direction. Which is why they’ve filed a new request ahead of the mediation proceedings.

Driver Advisory Council stands up for drivers

Word broke late Monday on Bob Pockrass’s X post, straight from the courthouse filings, that the Driver Advisory Council is pushing hard to submit a brief in the 23XI/FRM-NASCAR tangle. “The Drivers Advisory Council have asked to be allowed to file a brief… over concerns that any settlement could impact the drivers without their input,” Pockrass reported, capturing the raw edge of racers who feel left out of talks that could rewrite their futures.

Check out the terms in their brief:

The Drivers Advisory Council have asked to be allowed to file a brief in the 23XI/FRM-NASCAR over concerns that any settlement could impact the drivers without their input. They ask for: pic.twitter.com/G2lSncihMK

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— Bob Pockrass (@bobpockrass) October 21, 2025

This isn’t just some side note; the DAC was launched in 2016 after drivers like Dale Earnhardt Jr. pushed for more driver influence amid safety and schedule gripes. Co-chaired by retired stars Kurt Busch and Jeff Burton, it’s the closest thing NASCAR has to a drivers’ union without the label.

Their entry flips the script on a case that’s pitted team owners against the France family, injecting the human element. After all, it’s the driver who risks it all on the track.

Diving deeper, the council laid out three core goals in their pitch, each tying back to scars from past charter fights. First, they want ironclad safeguards for current and future drivers’ long-term stakes in the sport, echoing how the 2016 charters stabilized pay but left salaries flatlining.

Second, a “permanent and meaningful position” for drivers to chime in collectively on big calls, building on the DAC’s track record, like influencing the 2022 schedule tweaks after COVID fallout.

And third, urging everyone to prioritize fans with top-notch racing experiences, a nod to how uncertainty’s already spooked sponsors and viewership hitting an all-time low in recent races. These aren’t pie-in-the-sky asks; they’re rooted in the 2024 holdout chaos, where 23XI and FRM’s stand nearly cost them spots at Dover, forcing NASCAR to tweak rules just to keep the show rolling.

DAC involvement could ripple big, potentially stalling any backroom deal if the judge greenlights the brief and forces a driver lens on remedies like track disposal or revenue bumps. Remember, when the appeals court overturned a key injunction in June, teams like 23XI rushed to avoid shutdowns, with drivers like Tyler Reddick eyeing outs in their contracts.

By amplifying voices from the cockpit, the DAC turns a corporate slugfest into a sport-wide reckoning, pressuring NASCAR to broaden the table before trial blows it all open.

As the council’s voice gains traction, eyes now shift to this week’s high-wire act in court.

Mediation week could seal NASCAR’s fate

This stretch feels make-or-break, with Tuesday’s session under Judge Bell and mediator Jeffrey Mishkin, the ex-NBA legal whiz who couldn’t bridge gaps in August, marking maybe the last easy exit before December’s jury showdown.

NASCAR’s motion last week begged for this judicial nudge after their summary judgment bid Friday, where owner affidavits from heavyweights like Rick Hendrick warned charters’ end could torch thousands of jobs.

Yet 23XI’s Jeffrey Kessler fired back that NASCAR‘s still obstructing real talks, despite Michael Jordan’s repeated tries. The stakes? A no-deal means Thursday’s hearing on dueling dismissal motions, where leaked docs like Steve O’Donnell’s “f— the teams” texts could sway the jury toward monopoly findings.

“It may be the last off-ramp the two sides have to find compromise before the autumn months become a full preparation for December 1,” as one insider, Matt Weaver, put it, underscoring how NASCAR’s ARCA buyout to boycott counterclaims has exposed the sport’s fragile underbelly.

A settlement might lock in charter tweaks without upending the $1.1 billion media pie, but failure risks a verdict forcing track sales or triple damages that’d reshape Cup fields for years. But if the week ends without a settlement, it could be full-speed ahead to a trial by jury in December that could forever change the complexion of the NASCAR Cup Series and motorsports in America.

With fans already grumbling over open-team revenue dips, this week’s outcome might just decide if NASCAR accelerates forward or spins out.