does baseball arbitration work well in med-arb?

it sure can. while not for every dispute, final offer selection (also known as baseball arbitration) can capitalize on many of the efficiencies + advantages of the med-arb process.

that said, many concerns about med-arb can surface when final offer selection is part of the process. the parties may squander their mediation opportunity by using their mediation time trying to win over the mediator. the distinct roles when the med-arbitrator is wearing their mediator "hat" + their arbitrator "hat" can be blurred if there is uncertainty as to when exactly final offers are judged.

there are ways to customize the med-arb process to address such concerns. for example, offering parties some time after mediation concludes + before final offers are presented can help.

in other circumstances, there is a desire to realize conflict closure promptly + a preference not to have much time in between the mediation + arbitration phases of med-arb.

to me, what is key is process flexbility + our ability to customize the med-arb process to suit what is comfortable.

 

 

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