Everyone Can be a Winner in Baseball Arbitration: History and Practical Guidance

NY Dispute Resolution Lawyer

Spring 2019

While it may be that in baseball there has to be a winner and a loser, that is not necessarily the case in arbitration. Baseball Arbitration, also known as Final Offer Arbitration (FOA), is a process that is rarely discussed in commercial and international practice, though it offers efficiencies that would be “winners” for both parties. In FOA, parties have the opportunity to manage risk and drive settlement—features that are advantageous for both sides. It is time to focus on the application of this useful tool, which can help parties avoid the extremes of win-ning or losing in arbitration and perhaps enhance their chances of achieving the win-win of an agreed-upon settlement.