Baseball Mediation™

Introduction

Baseball Mediation™ is a revolutionary approach to dispute resolution that simultaneously manages risk and guarantees a mutually acceptable outcome — without delegating decision-making authority to a third party.

I developed 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:

• • 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.

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.

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!

Baseball Mediation™ Is The SAFE™ Alternative

• • 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!