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Arbitration Contract Negotiation MLB Players MLB Teams

Arbitration Is Costly, But Potentially Lucrative

We are a week away from the date that MLB players who filed for arbitration and the teams they most recently played for, have to exchange figures prior to a potential arbitration hearing.  Even if figures are traded, actual hearings are very rare; most players and teams will settle prior to seeing any arbitrators.

Sports agent Alan Nero, formerly of CSMG and currently with Octagon Baseball, had a few quotes in an MLB.com article concerning arbitration.  He stated,

“Arbitration gives us the opportunity to compare people based on statistical comparables. Free agency is free enterprise. It’s based on the sole theory of economics, which is supply and demand. If there’s not enough demand, your value goes down. So [for those players], it would be more to their benefit to be statistically compared to other players, rather than be in an economic system that’s based on demand.

Marvin Miller was a genius. He knew that if he granted free agency to the clubs, that theory of economics would crush the marketplace. But when you have players that are protected by a system in which they have to be paid like comparable players, it gives them the metrics of salary increases that create a platform when they become free agents, and it lightens the supply of free agents, so that supply and demand is in their benefit. I think Marvin will prevail.”

Nero seems like a big fan of the current system of arbitration.  And he should be!  An arbitrator may not set the arbitration eligible player’s salary below 20% under what he received the year before.  At the same time, there is no proscribed ceiling.  Thus, a team cannot propose a figure below $4 million on a player who received $5 million last year, yet the player can counter by saying he is worth $10 million or more.

Statistics-based negotiations also take a lot of subjectivity out of the equation.  That said, there is much subjectivity in putting weights on different values.  What is more important, a pitcher’s K/BB ratio or his ERA?  That same question persists in free-agency; however, there are many other variables involved that may not be as important in an arbitration setting.

A few other important notes in the MLB.com article: 1) Players and teams can invest up to $100,000+ dollars just on the preparation and actual arbitration appearance, and 2) It is awkward to make players have to sit through hearing about their flaws.  Point #2 is actually one of the reasons I, and former CFL player Doug Brown, believe agents are necessary for players.

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.