Ken Strongman, Esq. – Mediator

Blog

  • A Recommendation from a McGeorge Law Student

    A Recommendation from a McGeorge Law Student

    A Recommendation from a McGeorge Law Student is one of the privileges of teaching is getting feedback from my students’ years after I taught them.

    Ken was an extremely helpful professor. He cared greatly for his students and was always willing to provide personal assistance to each and everyone of us.

    Stephen Hallett, Law Student, University of the Pacific McGeorge School of Law.

    Ken Strongman, MediatorAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Task #10: What is the weakness in your case?

    Task #10: What are the weaknesses in your case?

    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 #10: What are the weaknesses in your case?

    In this exercise, your attorney will need to take the lead in preparing your answer.  It is important that you understand its impact on your position.

    You need to articulate all of the weaknesses in your case.  These can be issues of law.  I have seen issues that involve the statute of limitations.  Other times, I have seen where the original complaint did not name the correct defendants.   These may be extreme examples, but no case is perfect.

    There can be issues of evidence.   It can be simple lack of evidence to support your claims.  It can be the credibility of the evidence.  Is it admissible or will its admissibility be challenged.   Seldom is there enough credible evidence to support each element of the claim.  Likewise defenses have their weaknesses as well.

    There can be issues of witnesses.  Will they persuade a jury or will their testimony be discounted by the jury?  Are they available?  Will they ‘show well’ to the jury?  Can they be easily impeached?

    Is a jury in this jurisdiction favorable to your position or that of your opponents?  And the list goes on.

    This can all be summed up by asking what your opponent will say about your case?

    Ken StrongmanAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Task #9: At what point will you know that the potential agreement is better than going to court?

    Task #9: At what point will you know that the potential agreement is better than going to court?

    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 #9:

    • How will you know when you have arrived at a voluntary agreement that satisfies your interests?  
    • What objective criteria will you use to measure how well the agreements stratify your interests? 
    • At what point will you know that the potential voluntary agreement is better that using the court system to fight it out?

    As you participate in the mediation, it will be important for you to know when a voluntary agreement is near.  You need to realize the point in the mediation when you have satisfied your interests and that it now time to put the agreement into writing.  Work with your attorney on the answers to these questions and review them confidentially with the mediator.

    Ken Strongman, MediatorAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • A Recommendation from Australia

    A Recommendation from Australia

    A Recommendation from Australia is one of the privileges of teaching is getting feedback from my students’ years after I taught them.

    It gives me great pleasure to recommend Ken to a prospective employer for his experience and knowledge in law and for having great talent as an efficient and well-rounded speaker and educator.

     Micaela “Micki” Romero, Subjective Paralegal, Fiskville Independent Investigation,   Gisborne, Victoria, Australia

    Ken Strongman, MediatorAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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

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

    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.

    Ken Strongman, MediatorAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Thoughts from an optimistic former student

    Thoughts from an optimistic former student

    Thoughts from an optimistic former student is 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

    Ken Strongman, MediatorAbout 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.

    © 2013 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

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

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

    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 #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.

    Ken StrongmanAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Thoughts from a former student wanting more mediation knowledge

    Thoughts from a former student wanting more mediation knowledge

    Thoughts from a former student wanting more mediation knowledge is 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

    Ken Strongman, MediatorAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Task #6: Do you agree on anything?

    Task #6: Do you agree on anything?

    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.

    Ken StrongmanAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Energetic and optimistic thoughts from a former student

    Energetic and optimistic thoughts from a former student

    Energetic and optimistic thoughts from a former student is 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

    Ken Strongman, MediatorAbout 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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.