Baseball Mediation™ | The SAFE™ Alternative
Where Impasse Becomes Resolution
Introduction
Baseball Mediation™ is a revolutionary approach to dispute resolution that simultaneously guarantees resolution and confines risk to terms the parties themselves negotiate and agree to accept, without delegating decision-making authority to a third party.
We created the process by fusing elements drawn from Baseball Arbitration and Night Baseball Arbitration with core principles derived from traditional mediation. The hybrid name reflects its genesis and evolution.
Baseball Mediation In A Nutshell
Unlike traditional mediation, which can result in impasse, Baseball Mediation integrates an impasse-breaking mechanism directly into the negotiation process. This mechanism transforms impasse into resolution, eliminating the expense and risk associated with trial or arbitration.
The foundation of the impasse-breaking mechanism is the Baseball Mediation Worksheet (the “Worksheet”) — the mediator’s confidential projection of an objectively reasonable and realistic settlement range, setting forth the following:
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- Projected Minimum — the lowest dollar amount projected to be within that range
- Projected Maximum — the highest dollar amount projected to be within that range
- Resulting Midpoint (“X”) — the mathematical midpoint between the two
The Worksheet is prepared only after pre-mediation conferences with counsel, review of the mediation briefs, and discussions that take place at the outset of and/or during the mediation.
Once finalized, the Worksheet is emailed to counsel in password-protected form so its contents are not yet accessible.
If the parties do not reach a negotiated resolution, the impasse-breaking mechanism is triggered and the contents of the Worksheet are disclosed.
Plaintiff’s final demand and Defendant’s final offer are compared to X and the dispute is resolved for the number closer to X.
If neither is closer, the dispute is resolved for X itself.
Why It Works
The impasse-breaking mechanism is designed to reward the party that presents the more reasonable final offer, while X serves as a hidden magnet, pulling the parties toward one another.
Unsure where X lies, the parties are motivated to make incremental concessions to avoid the risk of planting their flag too far away. It’s this subtle psychological impetus that shapes the parties’ strategies, guiding them toward one another.
This creates a self-correcting negotiation dynamic: the gap invariably narrows, increasing the likelihood of a negotiated resolution.
The results speak for themselves — to see up-to-date statistics and review actual case results, visit The Scoreboard!
Stipulation And Scheduling
Before engaging in Baseball Mediation, the parties must sign the Stipulation to Engage in Baseball Mediation (the “Stipulation”), confirming that they agree to the process, understand its binding nature, and waive their right to a jury trial or arbitration.
To maximize flexibility, the parties are welcome to sign the Stipulation and commit to Baseball Mediation prior to a traditional mediation, during the mediation itself, or, more commonly, post-mediation as a tool to guarantee resolution and better manage risk if the parties are unable to resolve the matter during the initial mediation session.
When used as a post-mediation tool, a further half-day session will be scheduled at no additional cost — consistent with my commitment to unlimited follow-up. Negotiations resume from where the parties left off and, in accordance with the protocol set forth in the Stipulation, continue until the parties reach a negotiated resolution or a final impasse.
Baseball Mediation Is The SAFE™ Alternative
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- Simple — Easy to understand and implement, with only three possible outcomes if the parties reach a final impasse
- Automatic — If the parties reach a final impasse, resolution is triggered instantly and automatically
- Foolproof — Guarantees resolution on terms negotiated by and acceptable to the parties themselves
- Economical — Eliminates the need to retain experts, conduct costly expert discovery, and prepare for trial
SAFE isn’t just a clever acronym — it’s both the premise and the promise upon which Baseball Mediation has been built. More than that, the process is genuinely safe: it fully manages risk by protecting all parties from a worst-case scenario.
Conclusion
Baseball Mediation changes the game — transforming impasse into resolution while combining the flexibility of mediation, the closure of adjudication, and the fairness of party-driven outcomes within a single process.
To learn more about its genesis and evolution, visit Extra Innings!
I’ve utilized Mr. Siegal’s Baseball Mediation™ several times, and each time it’s resulted in an acceptable resolution. The process forces each side to be reasonable and negotiate in good faith and to assess their risk with each settlement move. This process also encourages open exchange of evidence without fear that it can be used against them if the matter does not resolve. I would use the process again.
Highly recommend Baseball Mediation™ with Floyd Siegal. The defense was forced to fairly evaluate the case or else risk paying a premium. The most fun I’ve ever had in a mediation!
I recently participated in Baseball Mediation™ with Floyd, and it completely changed my view of how effective a mediation can be. The process was structured, efficient, and, most importantly, kept the stress level in check from start to finish. Everyone was focused, pragmatic, and solution-oriented. I’ve done plenty of mediations, but this format, guided by Floyd’s steady hand, is by far the best and most balanced approach out there.
Our office and corporate client have selected Floyd and Baseball Mediation™ for a few cases now. Our selection is based on the reputation and respect he has within both the plaintiff and defense rooms. This process has helped us to both connect with the plaintiff on the common goal of a case resolution while setting aside some of the more contentious disputes involved in our cases that could have led us into trial. Thank you Floyd!
We lawyers tend to be reluctant to embrace new strategies/techniques for resolving cases. However, I strongly recommend considering a new, innovative approach to Mediation that has been devised and developed by Mediator Floyd Siegal called “Baseball Mediation™.” The format is simple. Mr. Siegal confidentially records the margins of what he projects to be a reasonable settlement range and then identifies the midpoint as “X.” Those numbers are not disclosed to the parties. The parties then engage in a typical mediation through a maximum of nine (9) rounds. If the case has not settled after eight rounds of negotiation, the parties are required to present their best and final offers to settle. Whichever is closer to X becomes the amount of the final settlement. I recently used this method to resolve a case I had mediated twice without success. Some attorneys may be reluctant to commit to a process that is binding and this approach may not be appropriate for all cases. However, my case settled for an amount that was very satisfactory to my client, and I avoided spending a considerable amount of money to try the case. I enthusiastically recommend utilizing Baseball Mediation ™ to resolve your cases. It really works.