PHOENIX -- NHL lawyer Tony Clark told a U.S. Bankruptcy Court judge that the net purchase price of Jim Balsille's proposal to buy the Phoenix Coyotes is substantially less than the $212.5 million, in part because of a payment to be made to Wayne Gretzky.

In a Phoenix court Tuesday, Clark said that Balsille would pay Gretzky some $22.5 million, which would come off of the purchase price.

"We think (Gretzky) will be paid one way or another," said Clark.

Clark alleges the net purchase price would be $165 million.

Earlier, Moyes attorney Tom Salerno proposed mediation between the league and his side. The judge was considering ordering a mediator to come to an agreement on an "indemnity fee" because of the veto power Maple Leafs Sports and Entertainment could offer.