Divorce Mediation Blog

Baseball Arbitration - Where Life Imitates Sport: Part 1

Friday, September 07, 2012

A recent article in Massachusetts Lawyers Weekly advanced the benefits of “baseball arbitration” in civil matters generally. It can apply in family law and probate law matters quite effectively. First, what is it?

Baseball arbitration, which literally arose from an MLB labor agreement, exists to resolve disputes about player salaries, but in a way that is meant to encourage settlement before the arbitrator’s hearing. By all reports is extraordinarily effective at doing just that.

Here is how baseball arbitration works. The sides each submit an offer, the player the higher salary, and management the lower. The arbitrator, after hearing, has limited authority: he must pick one. He may not award any other salary.

The effect of this high-risk methodology is to push the two sides as close together before the hearing starts as possible. In the player’s case, he fears that if he asks a ridiculously high salary and the team’s offer is within the mainstream of results for similar players, the arbitrator will find for the team; and the reverse is true for management. The result is smaller gaps, and except on rare occasions, settlement.

We will talk about how this may apply to family and probate law disputes in our next entry.

Get e-mail notifications of new blog posts! Enter email address below.:

Delivered by FeedBurner

other articles

recent posts


Massachusetts Alimony Reform Act DOMA divorce and family law Family Law Arbitration special master health coverage divorce mediators alimony laws Matrimonial Arbitration mediators dispute resolution arbitrators separation Chouteau Levine lawyers divorce process alimony alimony law arbitrator traditional negotiations Same Sex Marriage alimony reform legislation Divorce family law mediation Levine Dispute Resolution Center LLC child support MLB labor agreement Uniform Arbitration Act divorce and family law mediators facilitated negotiations alternative dispute resolutions litigation Cohabitation Major League Baseball Arbitration Massachusetts alimony and child support Act Reforming Alimony in the Commonwealth SJC med-arb self-adjusting alimony Massachusetts lawyers Twinkies divorce judgment Child Support Guidelines family support Levine Dispute Resolutions lawyer Levine Dispute Resolution Center conciliation private dispute resolution medical benefits divorce mediator Baseball Players General term alimony Massachusetts family mediation family law family law arbitrator COLA mediation alimony orders family and probate law disputes family law arbitrators resolve disputes LDRC pre-ARA alimony alimony statute how baseball arbitration works Defense of Marriage Act mediations Levine Dispute Resolution rehabilitative alimony Boston arbitration Self-adjusting alimony orders support orders divorce arbitrator disputes Alimony Reform Act divorce arbitration divorce arbitrators Massachusetts divorce mediators high-risk methodology Obamacare IRC §2704 The Seven Sins of Alimony divorce litigation health insurance divorced divorce mediations Massachusetts Lawyers Weekly divorce agreement divorce mediation lawyer-attended mediation Divorce Agreements Baseball Arbitration divorce lawyers mediator med/arb Baseball Massachusetts alimony