By: Stephen P. Lagoy
One approach to alternative dispute resolution is called “baseball arbitration.” It is patterned after major league baseball’s salary arbitration rule. This is the rule that was saved by then U.S. District Court Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, when she issued an injunction ending a long player strike in 1995. Under the rule, certain players are eligible for salary arbitration if they and their team owners cannot agree on a contract. Here’s how it works. Each side submits an offer and the arbitrator chooses the one that he or she considers the most fair. There is no middle ground. The arbitrator cannot “split the loaf.” Therefore, baseball arbitration encourages both parties to submit reasonable offers and may be an excellent approach to resolving your dispute. If you would like to learn more about baseball arbitration or any other aspect of alternative dispute resolution, please contact Steve Lagoy.