2012 May » Kenneth Strongman, Esq.

Task #6: Do you agree on anything?

Preliminary Tasks for a Mediation Comments Off

May 292012

The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. Based on my experience as a mediator, these are a collection of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.

These tasks and the discussion with the mediator are confidential. They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

Task #6: What do you and the other parties agree upon?

These can be significant or minor issues in the dispute. Anything will do. The purpose is to build a voluntary resolution to the dispute.

Can you agree that there is a dispute? If you can’t agree to that there is a dispute, then what will we have to do to have a successful mediation?

Other more obvious agreements might be: Is there a written contract? Is this the contract? Does each party have enough information to evaluate the case? Can you agree on dates, times, people involved significantly in the dispute?.

Be prepared to not only share your results with you attorney but with the mediator as well. Because of your efforts now, at the mediation you will be able to cut though to a voluntary agreement almost effortlessly.

About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA.

Energetic and optimistic thoughts from a former student

Evaluations, Speaking & Training Comments Off

May 222012

One of the privileges of teaching is getting feedback from my students’ years after I taught them. Here is a recent example:

I always enjoyed Professor Strongman’s Legal Ethics classes when I was studying in John F. Kennedy’s Paralegal Certificate Program. Professor Strongman is one of the best professors I have or will ever come across, in all aspects of teaching and personality.

What I most admire about Professor Strongman is his remarkable ability to stimulate students and add personality to the course material. Students can feel the energy and optimism radiate from his teaching. His dynamic teaching style makes students listen attentively to him. The time he spends to give feedback for the assignments helps everyone understand what the most common mistakes were, and provides individual feedback to each student with regards to his/her weak and strong points.

Professor Strongman does not only teach exceptionally well but he also cares a lot about the level of understanding of each student. He takes the extra effort to make sure all students that need extra help are accommodated, despite his busy schedule. His lectures are highly organized, and the level of attention he gives to his students is unsurpassed. It is tough to mention all of his amazing qualities here and the ones mentioned above only scratch the surface.

We all have to strive to achieve the best. In universities, the effort of a professor makes all the difference in helping students reach their full potential. If we would have professors like Professor Strongman, then I am positive that every student will be eager to learn and achieve their academic goals.

Shan Li, Paralegal, Severson & Werson

Task #5: Do you really want to settle this dispute through mediation?

Preliminary Tasks for a Mediation Comments Off

May 152012

The purpose of mediation is to reach a voluntary agreement with the other parties. It is not something imposed upon the parties by the mediator. It’s your choice to decide to reach a voluntary agreement rather than to continue to fight.

Task #5: Can you work towards a voluntary agreement if it would satisfy your interests and the interests of the other parties?

You will need to discuss this issue with your attorney and the mediator. If you are not willing to cooperate with the other parties to find a voluntary solution to the problem, then your attorney and the mediator need to decide if a mediation cession at this time is appropriate. It would not benefit you, if you were not willing to arrive at a solution the dispute.

As the mediator, I would want to discuss with you and your attorney what the impediments to reaching a solution to the problem. Once these impediments are identified, we can develop potential solutions.

Thoughts from a former student on learning ethics.

Evaluations, Speaking & Training Comments Off

May 082012

One of the privileges of teaching is getting feedback from my students’ years after I taught them. Here is a recent example:

Ken taught me the importance of ethical behavior in all dealings, personal and profession. He also is a great model of patience and listening, which is why he is such an excellent teacher and mediator.

Nancy Krieg, Law Student, William Mitchell College of Law, Saint Paul, MN

Task #4: How are you going to deal with them after the dispute?

Preliminary Tasks for a Mediation 2 Responses »

May 012012

Task #4: How are you going to deal with them after the dispute?

In the previous task, you were asked to describe what you wanted life and/or business to look like five years after the dispute has been resolved. This task is more focused on how you are going to deal with your opponents five to ten years after the dispute is resolved.

The easy answer to this question is that ‘I never want anything to do with them again.’ If the dispute is an automobile accident then that might work as an answer. But if your opponents are commercial suppliers, customers, fellow businesses in a limited market, employees or employers, neighbors, and even family, the question becomes a lot more challenging.

I have mediated boundary line and other disputes between neighbors. It becomes a lot more difficult to resolve when both neighbors realize that they will still be living next door to each other for possibly decades. I have also mediated disputes with family owned business. They had to take into account the likelihood of having to sit down for Thanksgiving dinner with each other. There were also the unintended impacts on other family relationships that were not in dispute. Commercial enterprises need to evaluate the publicity of the dispute and the possible need for an on going business relationship now and in the future.

Carefully list and count the costs regarding different solutions to the dispute. Might there be a better settlement that reduces future conflict. Also evaluate the costs of litigating the dispute to its conclusion on the future relationship to your opponents.