781.708.4445

wmlevine@levinedisputeresolution.com

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


tags

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