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


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