Stop the Work Stoppages: A Mixed-Mode Dispute Resolution Process to Prevent an NBA Lockout or Strike

Authors

• Kyle Cohen, Benjamin N. Cardozo School of Law

Abstract

The note argues that the NBA and NBPA should incorporate a mixed-mode dispute resolution clause—specifically a "neg-med-arb" (negotiation-mediation-arbitration) process—into future collective bargaining agreements (CBAs). By transitioning from negotiation to mediation and finally to binding arbitration, the league can ensure a successor agreement is reached in time to prevent lockouts or strikes that disrupt the season.

Disciplines

Labor and Employment Law | Law

Recommended Citation

Kyle Cohen, Stop the Work Stoppages: A Mixed-Mode Dispute Resolution Process to Prevent an NBA Lockout or Strike, 44 Cardozo Arts & Ent. L.J. 205 (2026).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol44/iss1/6