How do we know they weren't offered such a contract and they turned it down? They may have figured that even if they didn't win an arby case, they'd still get a higher salary from the Brewers for one year. But say that K-Rod did go to arby, won, and was essentially cut. The question then becomes: what team needs a closer and what team would be willing to spend, hypothetically, $6.5M on him? I don't know that there are any teams who would do that and I can't envision a non-contending team signing him. So again, which option is better: 1. Taking a guaranteed $8M from the Brewers to be a set-up man, or 2. Going to arby, winning the hearing and, in all likelihood, being cut and making $2M with no guarantee that another team will sign you to a deal that will make up for what you would have lost by signing for "less" with the Brewers? It appears Boras and K-Rod played this one safe in order to guarantee K-Rod a respectable salary and to potentially save face in the process.