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Arbitration

Final Offer Abitration Explaination..Finally!

In his third and final year of law school, SportsAgentBlog.com contributor, Jason Wulterkens, wrote a wonderful paper on Major League Baseball’s use of Final-Offer Arbitration (FOA). After noticing my latest report on FOA, Jason decided to send me his law school paper so that I may analyze it and break it down into its most important points for you all to digest. Here are a few of the points that I felt were worthy for you to read:

  • Both players and organizations may file for salary arbitration without the other’s consent.
  • Players with between 3-6 years of experience along with “super-two’s” (players with at least 2, but less than 3 years of pro service, who have accumulated at least 86 days of service during the immediately preceding system and rank in the top 17% of said class) can file for arbitration.
  • Players with less than 3 years of experience (who are not super-twos) are still subject to the old “reserve” clause and have little to no bargaining power in salary negotiations.
  • With his team’s consent, a player with more than 6 years of experience, who was not eligible for arbitration at the end of the previous season, may invoke arbitration.
  • An arbitrator may only rule on the terms of a one-year deal. Multi-year contracts will not be decided through arbitration.
  • A player may file for arbitration between January 5th and 15th and if it reaches a hearing, it will occur between February 1st and 20th.
  • In the actual hearing, each party is limited to 1 hour of initial presentation, and 1 half hour of rebuttal and summation.
  • The arbitrators may consider only particular criteria in deciding a player’s salary, typically including:
    • The player’s performance during the past year.
    • The length and consistency of his career.
    • The salaries of “comparable”players.
    • His team’s on-field success and attendance numbers, the latter of which is considered legitimate indicia of the player’s public appeal and acceptance.
  • Team profitability and market size cannot be considered in the hearing.

Hope you appreciated my effort to turn Jason’s excellent twenty page paper into about a page of bullet points! Arbitration season is officially over. Check in tomorrow for a little recap on how the hearings turned out and some highlights over the past couple of weeks.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

2 replies on “Final Offer Abitration Explaination..Finally!”

Greatly appreciated. But aren’t all of your bullet points, and even a more detailed explanation, summarized rather succinctly in the MLB Basic Agreement (which is available to the public)? Best of luck with Dynasty – you’re passion and commitment seem unparalleled, although I think that folks will question your distinctive competency if you are trying to rep motorports, bowlers and then gators in every sport. Don’t sleep on Courtney Lee. Thanks.

Haha thanks for the comment Jordan. The MLB Basic Agreement, which definitely is available to the public, does lay out much of what I explained, in a more convoluted manner. Consider this post to be a basic cheat sheet (a Cliffs Notes if you will) for the most basic background on arbitration. For those who wish to be true professionals, I urge you to go to law school and take an actual semester course in Arbitration.

As far as Dynasty is concerned, I appreciate your mention of my passion and commitment. Worried about me spreading myself too thin? Don’t be. I have hired somebody to head up our bowling division and we only represent one person in motorsports. Dynasty’s main divisions will actually be basketball, football, and baseball. I promise that you will see developments in those areas in the near future. There are more people working behind the scenes on Dynasty than those listed on the website. Be assured that my passion, commitment, extensive research, and intelligence will enable Dynasty to grow while taking care of all of its clients without ever taking on too much for the company to handle.

Who’s sleeping on Courtney Lee? The kid will probably be a late first/early second round pick. Not top 15 material, though (in my opinion).

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