Screw Arbitration, Throw Me The Rock!

No one ever chooses scissorsToday there was a very interesting article in a blog that I subscribe to called: Concurring Opinions. In a post titled, “Rock, Paper, Scissors ADR”, Dave Hoffman reports on a case where a federal judge in Florida decided to resolve a dispute between two attorneys that could not resolve any issue between themselves.

According to a CNN article, the judge characterized the measure as “a new form of alternative dispute resolution.”

Can this theory ever be used in the world of sports? Rock, paper, scissors has been used in place of a coin toss, in deciding uncertain calls, and with games ended prematurely due to rain. What if it was ever used in contract re-/negotation???

On February 8th, my post was titled, Arbitration…good or bad?. It revealed that Sports Agents win less than half of the arbitration hearings that they actually persue and that the hearing can be very detrimental to an agent’s client. In addition it can be expensive and time consuming.

So if you cannot settle a dispute before an actual arbitration hearing, why not try to coerce Mr. Steinbrenner into a best-out-of-five game of rock, paper, scissors?

[tags]rock, paper, scissors, arbitration, adr, alternative dispute resolution[/tags]

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.