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


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