Blue Jays' Season a Recipe for Success at The Mediation Table
As a die-hard Blue Jays fan dating back to the team’s humble beginnings at Exhibition Stadium in 1977, I’ve been basking in the glow of this special season. Tonight the Jays clinched the American League East Division title for the first time in 22 years, a feat almost unimaginable less than two months ago. So, why not have some fun with it! Reflecting on the Jays improbable run, I’ve discovered that many of the ingredients that contribute to a winning baseball team are the same ones that lead to a successful mediation process.
A great baseball team and an effective mediation process both require tireless preparation, the right people in the mix and the ability to seize the moment.
PREPARATION: SETTING A WINNING INTENTION AND TONE
The Blue Jays’ management and coaching staff established a vision last winter of a team that could compete for a World Series. Talented players, focused on personal goals, were discarded and replaced by proven leaders and winners (with Josh Donaldson, Russell Martin and Marco Estrada the most notable additions). Spring training provided an opportunity for team bonding and the development of a winning attitude and winning habits that would sustain the team through the ups and downs of the long 162 game schedule.
In mediation, all participants (the disputants, counsel and the mediator) need to have a clear understanding of the mediation process, their respective roles, and the dynamics of settlement negotiations, to make the most of the opportunity. Counsel “train” for mediation by preparing a negotiation plan and ensuring the client understands the process and has a realistic picture of the range of possible outcomes. The timely gathering and exchange of relevant information beforehand helps to focus and optimize settlement discussions.
In baseball and in mediation, everyone needs to be ready to step up to the plate. Proper preparation ensures everyone’s on the same page and allows for adjustments when unexpected curve balls are thrown.
CHEMISTRY: HAVING THE RIGHT PEOPLE IN THE MIX
In baseball, you need the right combination of players, managers, and coaches to win. This is often referred to as “chemistry.” The Jays, undoubtedly, found the perfect mix this year. They added key off-season additions to an already strong leadership nucleus led by José Bautista and Mark Buehrle, and deftly supplemented with complimentary pieces at the trade deadline (including Troy Tulowitzki, David Price and Ben Revere) and the inspirational and unexpected late season return of Marcus Stroman from a serious knee injury suffered in spring training.
Mediation similarly requires the right players to allow for a successful outcome. A balanced, conscientious and engaged mediator provides proper oversight. Disputants with substantive knowledge and authority to make settlement decisions allows for informed and decisive decision-making. Where additional authority may be required, the timely addition of more senior decision-makers can be a game-saver. Counsel with the confidence and acuity to guide their clients, especially when the going gets tough, is also critical.
SEIZING THE MOMENT: BUILDING AND SUSTAINING MOMENTUM
The Jays were a good team at the All-Star break even if their record (45-46) said otherwise. They owned the highest run differential in Major League Baseball, so stat heads were not surprised by the Jays’ second half turn-around. With the timely additions made at and after the trade deadline, the Jays went from being a good to a great team, fashioning the best record in baseball in August and riding it to the finish line. Over the course of a long season they managed to successfully build and sustain momentum, and then peaked at just the right time to close the deal.
Timing is also important in achieving positive results in mediation. Participants need to arrive at mediation prepared to negotiate even in the face of obstacles and resistance. While not all cases are “ripe” for resolution, I can sense the ones that are. Over the course of a mediation session, discussions will ebb and flow and, while there may be setbacks along the way, I can often predict the “magic moment” when I feel confident that a settlement is inevitable. We may not yet know what the resolution will look like but I can sense it - everyone is engaged, invested, focused and committed to resolution. A recent case illustrates the point. In a complex multi-party construction dispute, counsel all but guaranteed a short mediation. Over the course of the session, I could sense a shift in expectations toward settlement, from “impossible” to “possible” to “probable” to “inevitable.” The catalyst – an overwhelming desire to achieve a resolution, which led to a shared path for building and sustaining momentum over several hours of difficult discussions until, finally, a deal was done.
The Jays have managed to come together in an inspiring way this season, and the secrets of their success can help knock a mediation out of the park!
Go Jays Go!
