Baseball Mediation™

What is Baseball Mediation™?

 

Baseball Mediation™ — so named because it fuses elements derived from “Baseball Arbitration” and “Night Baseball Arbitration” with elements derived from conventional mediation — is a revolutionary dispute resolution process that allows parties to fully manage risk while guaranteeing — by design, not chance — a mutually acceptable resolution in every mediation.

Conceived, designed and continually refined by Floyd, Baseball Mediation™ marks a paradigm shift in how civil disputes involving monetary claims can be resolved. It achieves its resolution-centric objective by introducing an innovative impasse-breaking mechanism directly into the negotiating process. This mechanism — explained in greater detail below — is automatically triggered if the parties agree they’ve reached a final impasse. Once triggered, the dispute is resolved — automatically and immediately — for either Plaintiff’s final demand or Defendant’s final offer.

At the heart of this paradigm shift lies a simple but elegant notion: a complete reimagining of the term “impasse.”  No longer does it signify “deadlock” or “stalemate.” Instead of “we can’t agree and we’re done negotiating,” impasse has been redefined to mean: “we’ve reached our final positions — and we’re willing to accept either outcome.” Rather than a declaration that the parties aren’t able to reach a resolution, impasse has instead been repurposed to trigger that very resolution — turning what was once a roadblock into a bridge.

The results speak for themselves — in every single case to date, the parties have either reached a negotiated resolution or narrowed the gap to less than $50,000 before ultimately declaring a final impasse.

Baseball Mediation™ is offered as an alternative — at the option of the parties — to conventional mediation or binding arbitration. To proceed, the parties simply execute a brief Stipulation confirming that they agree to the process, understand and acknowledge its binding nature and waive their right to a jury trial.

The parties are welcome to convert to Baseball Mediation™ at any stage of a dispute, including:

• • Prior to a scheduled mediation
  • During a scheduled mediation
  • After a scheduled mediation, if the parties weren’t able to reach a resolution
  • On the eve of trial or arbitration
  • Following trial, including while on appeal

How Does Baseball Mediation™ Work?

 

The key to Baseball Mediation™ is the Baseball Mediation Worksheet (“the Worksheet”), which Floyd prepares either before negotiations begin or, in some cases, after a few rounds of negotiation. The Worksheet records the following three “Projections,” which are based on his pre-mediation conferences with counsel, his review of  briefs and his interactions with the parties at the outset of the mediation:

• • • The Projected Minimum —the lowest amount projected to be within the Zone of Possible Agreement (ZOPA), i.e., within a realistic settlement range
    • The Projected Maximum — the highest amount projected to be within the ZOPA
    • The Projected Midpoint — the mathematical midpoint between the two

Floyd’s objective is to identify the ZOPA and calculate its midpoint, not to impose his own view of the merits or value of the case.

🔒 Once completed, the Worksheet is emailed to all counsel, “password-protected.” In other words, it remains “locked” and its contents stay hidden unless and until the parties agree they’ve reached a final impasse.

After receiving the Worksheet, the parties continue to negotiate — just as they would in any traditional mediation — until they either reach a negotiated resolution or mutually declare they have reached a final impasse.

If a final impasse is declared, the password is shared and the Worksheet is unlocked. At that point, counsel simultaneously review the Worksheet, having already agreed — pursuant to the Stipulation — that the dispute will automatically and immediately be resolved for either Plaintiff’s final demand or Defendant’s final offer, whichever is closer to the Projected Midpoint.

In the unlikely event that the final demand and final offer are equidistant from the Projected Midpoint, the dispute is resolved for the midpoint itself.

Thus, once a final impasse is declared, there are only three possible outcomes — all of which are the result of the parties’ own negotiating choices:

• • Plaintiff’s final demand, if it’s closer to the Projected Midpoint
  • Defendant’s final offer, if it’s closer to the Projected Midpoint
  • The Projected Midpoint

Why It Works

 

Baseball Mediation™ redefines the incentive structure.  If a final impasse is declared, the outcome is determined by which party’s final number is closer to the Projected Midpoint.  In other words, by design the parties are incentivized to present realistic and reasonable proposals throughout the negotiation process.

While “posturing” can still play a role, Baseball Mediation™ fundamentally alters the risk calculus. An extreme final offer favors the opposing party by increasing the likelihood that their number will be closer to the Projected Midpoint when negotiations conclude.

The purpose and effect of  the Projected Midpoint is to function as a hidden magnet — an invisible gravitational force quietly pulling the parties toward resolution. Given that it’s exact location is unknown, each party makes concessions based on their perceived proximity to the Projected Midpoint. As a result, the gap steadily narrows, increasing the likelihood of settlement.

Even when negotiations stall, Baseball Mediation™ results in an outcome that is — by design and as a natural consequence — mutually acceptable. No party will declare a final impasse unless they’re willing to accept the possibility that the other side’s final number is closer to the Projected Midpoint. If they’re not willing to take that risk, they’ll keep negotiating.

Baseball Mediation™ is the SAFE™ Alternative

 

As important as its “revolutionary” blueprint and “reimagined” architecture may be, a simpler truth lies at its core — Baseball Mediation™ is SAFE™:

• • Straightforward – The process is clear, intuitive and easy to implement.

  • Automatic – Once the parties declare a final impasse, the dispute is resolved automatically and immediately — without further negotiation.

  • Foolproof – In 100% of the cases to date, the parties have either reached a negotiated resolution or narrowed the gap to less than $50,000 before declaring a final impasse.

  • Economical – By guaranteeing resolution, the process eliminates the need to retain experts, conduct costly expert discovery and prepare for trial.

Baseball Mediation™ As An Alternative To Binding Arbitration

 

For several compelling reasons, Baseball Mediation™ may also be preferable to Binding Arbitration:

With Baseball Mediation™, the parties retain the same assurance of closure — but with greater efficiency, lower cost and more flexibility. Unlike arbitration:

• • There’s no need to present testimony from parties and witnesses
  • No need to retain or prepare experts to testify
  • No cost for time spent by an arbitrator conducting hearings, reviewing evidence or drafting an award;
  • The outcome is known immediately — not weeks or months later.

Finally, but most importantly, the parties retain full control over the outcome, rather than placing it in the hands of a third party. This eliminates the risk of an unexpected, unreasonable, or unacceptable decision.

Conclusion

 

Baseball Mediation™ offers a unique way to manage risk and guarantee closure — all while assuring that the parties shape, influence, and ultimately control the final outcome.

It’s more than just a novel way to settle cases — it’s poised to change the game in dispute resolution.

If you’d like to read a firsthand account from a claims adjuster who has endorsed the process, see A Claims Examiner’s Chronicle Of “Baseball” Mediation By Erik Livas. You can also visit Baseball Mediation™ to access a YouTube explanation of the procees, including four “sample” negotiations utilizing the Baseball Mediation Worksheet.

For additional information about Baseball Mediation™, including a summary of results obtained by others who have previously engaged in the process, please contact Floyd at fjs@fjsmediation.com or (818) 262-5830.