2012 June » Kenneth Strongman, Esq.

Task #8: How will you know you have developed an agreement at the end of the mediation?

Preliminary Tasks for a Mediation Comments Off

Jun 262012

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 #8: How will you know you have developed an agreement at the end of the mediation?

Using your results from Tasks 6 and 7, what objective criteria could you use with the other parties to the mediation to develop a fair and constructive voluntary agreement to settle the matter?

Mediation is not “splitting the baby” or just splitting the difference between the parties. But it is composed of hard negotiations between the parties. It is important to begin constructing for yourself just what a voluntary agreement between the parties would look like. Remember each party will be doing the same, so each will have to believe that the settlement is fair to them as well.

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.

What is FINRA?

Arbritration Comments Off

Jun 242012

From the FINRA’s Arbitrators’ Guide 2012: “The Financial Industry Regulatory Authority (FINRA) is the largest independent regulator for all securities firms doing business in the United States. FINRA was created in July 2007 through the consolidation of NASD and the member regulation, enforcement and arbitration operations of the New York Stock Exchange. FINRA’s mission is to protect America’s investors by making sure the securities industry operates fairly and honestly.”

“FINRA touches virtually every aspect of the securities business—from registering and educating industry participants to examining securities firms; writing rules; enforcing those rules and the federal securities laws; informing and educating the investing public; providing trade reporting and other industry utilities; and administering the largest dispute resolution forum for investors and registered firms. FINRA also performs market regulation under contract for the major U.S. stock markets, including the New York Stock Exchange, NYSE Arca, NYSE Amex, The NASDAQ Stock Market and the International Securities Exchange.”

Thoughts from an optimistic former student

Evaluations, Speaking & Training Comments Off

Jun 192012

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

I am writing this letter to recommend Professor Ken Strongman for the Adjunct Professor at John F. Kennedy University. He is one of the best professors I have or will ever come across, in all aspects of teaching and personality. I know other students would agree with me.

What I most admire about Professor Strongman is his remarkable ability to stimulate students and add personality to the course material. Students can feel his optimism. He treats everybody with respect and professionalism. His teaching style makes students listen attentively to him. He is also very organized. His assignments were clear and he would provide individual feedback to each student regarding mistakes/strong points.

Professor Ken Strongman does not only teach exceptionally well but he also cares a lot about the level of understanding of each student. He is one of those rare professors that take the extra effort to make sure all students that need extra help are accommodated, despite his busy schedule. He is one of the most caring professors that I have ever known since I started the Paralegal Program at JFK University. He was very courteous and helpful with all the students. I really enjoyed learning from Mr. Strongman, and his qualities are countless.

I understand that is up to the student to be successful in all the assignments, however, the effort of a professor makes all the difference in helping students reach their full potential. If we would have professors like Professor Ken Strongman teaching everything, then I am positive that every student will be eager to learn and go beyond expectations.

Aldine Woodman, Legal Services Professional

About the Arbitration Process at FINRA

Arbritration Comments Off

Jun 172012

Arbitration is a method of resolving a dispute between two or more parties. Parties must agree to abide by the decision of an arbitrators, such as myself, who as a group are impartial persons committed to rendering a fair and impartial decision after all parties have had an opportunity to present their cases.

The arbitrators’ award is final, subject to court review only under limited circumstances. There is no appeal process within FINRA. However, the parties may file a motion to vacate the arbitration award in a court of competent jurisdiction. Therefore, arbitration is a fair, quick, and inexpensive alternative to litigation.

There has been a dramatic increase in the use of arbitration for all types of disputes since the late 1980’s. The increase in the number of securities arbitrations was influenced by a U.S. Supreme Court decision (Shearson v. McMahon, (1987) 482 US 220) that helped establish arbitration as the predominant procedure for resolving securities disputes. Prior to this decision, the binding nature of the arbitration agreement and the broad scope of an arbitrator’s authority in securities cases were less clear. Arbitration is the primary means of resolving disputes in the securities industry, therefore the public perception of its fairness is of paramount importance. Arbitrators appointed to resolve securities controversies must meet the challenge of maintaining fair and orderly arbitration proceedings.

Task #7: What do you truly disagree upon with your mediation opponents?

Preliminary Tasks for a Mediation Comments Off

Jun 122012

Task #7: What do you truly disagree upon with your mediation opponents?

In Task #6, you were asked to search for some potential common ground you might have with your mediation opponents to help facilitate a voluntary agreement to settle this matter. Now you need to flip the question around and come up with the significant issues that you disagree upon.

Strangely enough this will help the mediator to focus the mediation session upon the real and lasting issues of the dispute. Then everyone can focus on the task at hand to develop together a voluntary agreement to resolve the dispute. For example, breach of contract might be agreed upon, but whether it is a major or minor breach is the true disagreement. Likewise, there might not be a disagreement on liability but it is the measure of damages that is the true dispute. Even then, there might be considerable agreement.

Review these disagreements with your attorney and confidentially with the mediator.

Thoughts from a former student wanting more mediation knowledge

Evaluations, Speaking & Training Comments Off

Jun 052012

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

Ken Strongman did an excellent job teaching law and mediation at JFK University for the Paralegal program. I enjoyed Ken’s class and learned a lot about how effective mediation can be difficult situations, such as divorce and custody cases. Ken is very knowledgeable in this topic and I would take future classes from him in the future. I can strongly recommend him for both the practice of mediation and as an instructor.

Christine Dunbar, Principle Regulatory Affairs, Boston Scientific Corporation