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Construction Blog

Our blog is your one-stop-shop for the latest insights, information and legal developments affecting the construction industry.

Construction Blog
September 5, 2018

Baseball Arbitration In Construction Can Be Good In A Pinch

In traditional baseball arbitration, one side claims they should be paid one amount, while the other side insists that amount should be different. Both try to prove their case before an arbitrator who will ultimately choose one of the two numbers — nothing higher, lower or in between. Outside of the baseball context, this process may have other names, such as pendulum arbitration. There’s another version known as night, or midnight, baseball arbitration, which features the same process but neither party shows the arbitrator their proposals until after a decision has been made. The winner is the side with a proposal closer to the arbitrator’s number.