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Taking In The Arbitration Offers And Acceptances

Now that you are all prepped for next week’s Rule 5 Draft, let’s discuss what recently transpired between arbitration eligible players and their teams.  This year, 27 players were offered arbitration (4 more than last year), and only 2 players accepted (1 less than last year).  Last year’s players to accept were Rafael BetancourtRafael Soriano, and Carl Pavano.  This year, the two players to accept were relief pitchers Frank Francisco (Rangers) and Jason Frasor (Blue Jays).  They were both labeled Type A free agents.

There is nothing shocking about the low number of acceptances nor the fact that both acceptances came from relievers.  Historically, most arbitration eligible players decide to test the market, and those who choose arbitration over free agency are often the coveted relief pitchers, as the risk of hitting the free agent market may not justify the potential reward of a nice offer.  It is doubtful that had Francisco and/or Frasor declined arbitration, we would be oohing and aahing at the record breaking contracts they ended up signing.  Instead, it is likely that they will earn more through arbitration than they had if they offered themselves up on the free market.

The fact that Francisco and Frasor were designated Type A would also not help in their free agent campaigns.  A team that signed a Type A free agent must give up a draft pick to the player’s former team.  Depending on how the signing team fared the previous season, they might have to give up their first round or second round pick.  However, if a team was interested in either Francisco or Frasor and signed another Type A player, signing one of the aforementioned names would not affect the signing team’s number of draft picks.

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.