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    Glenn Dreyfuss·Jul 25, 2023·Partner

    Dunn, Kraken Both Won By Avoiding Arbitration

    GM Ron Francis Signed Three RFAs Without High-Risk Hearings

    © Jerome Miron-USA TODAY Sports - Dunn, Kraken Both Won By Avoiding Arbitration© Jerome Miron-USA TODAY Sports - Dunn, Kraken Both Won By Avoiding Arbitration

    The most ruthless general manager of all time was fond of saying, "It's not personal. It's just business."

    But Michael Corleone knew it wasn't true. It certainly wasn't true when a rival gang tried to assassinate Michael and his family in Godfather 2.

    And it would have been personal, too, if Seattle Kraken GM Ron Francis and RFA defenseman Vince Dunn had allowed contract negotiations to reach arbitration.

    That's part of the reason both sides were motivated to reach agreement on a four year, $29.4 million contract prior to Monday's deadline. Of the roughly two dozen potential arbitration cases around the NHL, Dunn is one of 14 players to have already avoided the process.

    Two other Kraken RFAs, Will Borgen and Cale Fleury, also signed without the potentially nasty side-by-side presentations made to a third party over a player's worth. 

    Two 2023 Hearings So Far, More Maybe To Come

    The surprise is that two cases have already reached and been decided by an arbitrator: goalie Ilya Samsonov of the Toronto Maple Leafs was awarded one year at $3.55 million; Chicago Blackhawks center Philipp Kurashev received two years, $4.5 million.

    Eight more are set to have their cases heard between July 30 and August 4, if the players and teams can't find middle ground.

    So why is it almost always best to avoid arbitration? Rachel Dorrie of The Hockey News explains, "It’s about the damage the arbitration does to a relationship.

    "Hearings are a way for teams to air dirty laundry, discuss all the flaws of their player and paint him in a negative light. That is no way to treat an employee, and you cannot fault players for taking offense to some of the things that get said in these hearings."

    Dorrie says the reverberations from a contentious hearing can ripple far beyond the meeting room.  "Players talk, and you can bet they will share what was said in their hearing. They will make their teammates aware of the grievances that were aired. 

    "It makes the working environment more difficult than it needs to be, and is not a recipe for building a dressing room with Stanley Cup aspirations."

    Hard Feelings Often Linger After Adversarial Process

    The damage often leads to a player-team divorce soon after. THN's Carol Schram points out, "The trend does lean toward teams moving on not long after an arbitration award.

    "In 2018, Brett Kulak filed for arbitration. He'd just hit a career-high 71 NHL games with the Calgary Flames. Kulak was awarded a one-year, one-way deal at $900,000, too rich for Brad Treliving's blood. After he cleared waivers, Kulak was dealt to the Montreal Canadiens. 

    "In 2019, Joel Edmundson went to arbitration immediately after the St. Louis Blues' Stanley Cup win.. He was awarded only a small raise to $3.1 million.

    "Edmundson had one year left on his contract before becoming a UFA, and Doug Armstrong elected not to extend Edmundson, dealt to the Carolina Hurricanes during the 2019-20 pre-season."

    As Dorrie reasonably concludes, "That is a situation you want to avoid at all costs."

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