Ken Strongman, Esq. – Mediator

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  • Persuasion: Unlocking Minds with Detailed Explanations

    Persuasion: Unlocking Minds with Detailed Explanations

    Transformative Persuasion: Unlocking Minds with Detailed Explanations
    Transformative Persuasion: Unlocking Minds with Detailed Explanations

    Engaging in transformative persuasion is not merely an art form but a dynamic process that shapes the contours of discourse. At its core lies a powerful key: “Explain yourself.” This phrase, often overlooked amidst the cacophony of arguments, holds the potential to unravel entrenched beliefs and foster understanding. Join us on a journey through the realm of persuasion as we unveil the transformative power of detailed explanations.

    Persuasion is the process of changing minds. It’s an everyday phenomenon woven into the fabric of human interaction. From sales pitches to familial debates, persuasion permeates our lives. Yet, within the context of mediation, it becomes a nuanced dance, a delicate balance of influence and understanding. However, coercion and manipulation find no home here. Instead, a range of mediator interventions is employed to facilitate resolution without undue pressure. But how do we navigate the murky waters of conflicting perspectives?

    Enter “the illusion of explanatory depth,” a concept unearthed by Yale researchers Leonid Rozenblit and Frank Keil. Their groundbreaking work revealed how individuals often overestimate their understanding of complex subjects. This cognitive shortcut, dubbed the “cognitive miser” theory, allows us to navigate the world without delving into the depths of comprehension. Yet, it also blinds us to our superficial grasp of reality.

    However, there is hope amidst this cognitive fog. Philip Fernbach and his team at the University of Colorado devised a novel approach to bridge ideological chasms. By prompting individuals to explain the causal pathways of their beliefs, they discovered a profound shift in perspective. Detailed explanations not only softened entrenched views but also deepened understanding. It’s a revelation that speaks to the transformative potential of active listening and reasoned discourse.

    As we navigate the labyrinth of persuasion, let us remember the power of explanation. In a world fraught with discord, understanding is the beacon that guides us toward resolution. So, the next time you find yourself embroiled in a battle of ideologies, remember the key phrase: “Explain yourself.”

    In the pursuit of resolution, every voice matters. If you find yourself entangled in a conflict, consider reaching out to Ken Strongman, an experienced mediator dedicated to fostering understanding and facilitating consensus. Together, let us embark on a journey toward harmony and mutual understanding. Contact Ken Strongman today to unlock the transformative potential of mediation.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Mediation: Navigating Post-Dispute Relationships

    Mediation: Navigating Post-Dispute Relationships

    Strategizing Beyond Mediation: Navigating Post-Dispute Relationships
    Strategizing Beyond Mediation: Navigating Post-Dispute Relationships

    Embarking on the journey of dispute resolution is akin to navigating uncharted waters. Yet, the true measure of success lies not solely in the resolution day but extends far beyond, into the realm of post-dispute relationships. In this dynamic process, one crucial question emerges: “How are you going to deal with them after the dispute?” This question underscores the intricate dance of negotiation and strategy required for enduring resolutions.

    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.

    How are you going to deal with them after the dispute?

    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 businesses. 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 ongoing 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.

    Navigating the complexities of post-dispute relationships requires foresight, strategy, and skilled mediation. As you embark on this journey, consider engaging with me, a seasoned mediator, to guide you through these uncharted waters with precision and expertise. Take proactive steps today to ensure harmonious tomorrows – reach out to me and embark on the path to lasting resolutions.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Empowering Mediation: Mediators are not Neutral

    Empowering Mediation: Mediators are not Neutral

    Mediators are not neutral
    Mediators are not Neutral

    In the dynamic world of mediation, the term “neutral” has long been a cornerstone descriptor, yet its connotations often fall short of capturing the true essence of a mediator’s role. As a pivotal figure in resolving conflicts, mediators grapple with the expectations of neutrality imposed by courts and clients alike. However, a closer examination reveals that the notion of being “neutral” can inadvertently undermine the proactive engagement and advocacy integral to effective mediation. Join me on a journey to unpack this paradigm, as we delve into the nuances of active advocacy within the realm of dispute resolution.

    “I’m tired of being called a Mediation Neutral.” In the realm of mediation, the label of being a “neutral” has become commonplace. Yet, this term fails to encapsulate the dynamic and proactive nature of a mediator’s role. While courts and clients may expect neutrality, the concept poses challenges, particularly in European contexts where linguistic nuances shed light on its limitations. For instance, in German, “neutral” translates to “null,” implying a lack of value or significance. This linguistic discrepancy underscores the need for a more robust descriptor that embodies the multifaceted responsibilities of a mediator.

    Enter the concept of being “parcel to everyone equally.” This phrase encapsulates a fundamental shift in perspective, emphasizing active advocacy and impartiality in equal measure. Rather than passively occupying a neutral stance, mediators actively advocate for fairness, equity, and just solutions. By acting in the best interests of all parties involved, mediators transcend the limitations of neutrality, striving to foster an environment conducive to constructive dialogue and resolution.

    Embracing this proactive approach entails advocating for a just solution to the dispute while remaining attentive to the interests of all parties. Far from being passive observers, mediators serve as catalysts for positive change, guiding parties towards mutually beneficial outcomes. This shift in mindset reframes the role of the mediator from a mere “null” to a dynamic force for equity and resolution.

    In essence, mediators are not mere bystanders but active participants in the quest for justice and reconciliation. By embodying the principles of active advocacy, mediators empower parties to navigate conflicts with integrity and empathy. Rather than relegating mediation to a passive exercise, embracing active advocacy imbues the process with purpose and efficacy.

    In conclusion, the evolution of mediation demands a paradigm shift towards active advocacy and engagement. As we navigate the complexities of conflict resolution, let us challenge the notion of neutrality and embrace a more proactive approach. I invite you to join me in this journey towards empowered mediation, where every voice is heard and every solution is just. For transformative mediation services that prioritize active advocacy and equitable outcomes, reach out to Ken Strongman today. Together, let us pave the way for a future of empowered resolution and lasting peace.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Listening Is the Best Way to Resolve Conflicts

    Listening Is the Best Way to Resolve Conflicts

    In a world often mired in discord and disagreement, the art of active listening emerges as a beacon of hope, illuminating the path towards

    Listening Is the Best Way to Resolve Conflicts

    resolution and understanding. “Listening is the best way to resolve conflicts,” asserts Ken Strongman, a seasoned mediator.

    The better the information you have, the greater your chances of finding a workable solution. Listen carefully to what others are saying, not judging until you hear everyone’s story. Be aware of tone of voice, body language, and other clues. Understand what each person is expressing – what they want and what they are willing to do to get there. Then clarify that the solution lies with all parties.

    In the intricate dance of conflict resolution, active listening takes center stage, offering a conduit for genuine understanding and empathy to flow. Each word spoken, each nuance observed, serves as a vital piece in the puzzle of reconciliation. By heeding Ken Strongman’s advice to listen without prejudice, we open ourselves to a wealth of perspectives, paving the way for collaborative problem-solving and mutual respect to flourish.

    Listen carefully to what others are saying without judgment until you have everyone’s side of the story. Clarify what you have heard and then re-frame it back to each party. Remember the solution lays with both parties not you.

    As we embark on the journey towards resolution, it becomes evident that the path is not always smooth sailing. Yet, armed with the potent tool of active listening, we possess the means to navigate the turbulent waters of conflict with grace and efficacy.

    In the realm of conflict resolution, the power of active listening knows no bounds. As you embark on your own journey towards resolution, remember to heed the invaluable advice of Ken Strongman: listen with intent, speak with empathy, and embrace the path of collaboration. For those seeking guidance through the maze of conflict, reach out to Ken Strongman today, and take the first step towards a future defined by harmony and understanding.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Angry People Can’t Lie in Conflict Resolution

    angry people can’t lie

    Anger, often viewed as a barrier to communication, harbors a hidden truth within its fiery depths. “Angry people can’t lie,” asserts Ken Strongman, a seasoned mediator. In unraveling the complexities of conflict resolution, it’s imperative to delve into the core of anger, recognizing its raw honesty. In this discourse, we embark on a journey to comprehend the multifaceted nature of anger and its pivotal role in the resolution process.

    The essence of conflict resolution lies in navigating through the tumultuous waves of emotion, with anger standing as a formidable force at the forefront. Contrary to conventional wisdom, anger is not merely a hindrance but a potent catalyst for uncovering underlying truths. When confronted with an enraged individual, it’s essential to heed Strongman’s insight: “An angry person can’t lie.” This proclamation serves as a guiding beacon, illuminating the path towards genuine reconciliation.

    As we dissect the anatomy of anger, it becomes evident that its manifestations serve distinct purposes. Firstly, anger serves as a vessel for venting pent-up frustrations, offering a release valve for accumulated grievances. In the realm of conflict resolution, granting space for this cathartic expression is paramount. However, it is equally crucial to steer the narrative towards constructive avenues, reframing grievances into opportunities for dialogue and understanding.

    Moreover, anger functions as a potent tool for garnering attention. Individuals embroiled in conflict seek validation and acknowledgment of their grievances. By honing our listening skills and demonstrating unwavering attentiveness, we convey a sense of respect and validation to the aggrieved party, laying the groundwork for productive discourse.

    Furthermore, anger yearns for comprehension and empathy. Beyond the surface-level expressions of discontent, lies a deep-seated desire to be understood and validated. Embracing empathy as a cornerstone of conflict resolution, we endeavor to immerse ourselves in the lived experiences of others, fostering a sense of mutual understanding and respect.

    In essence, navigating the turbulent waters of anger requires a delicate balance between validation and redirection. While acknowledging the validity of emotional experiences, it’s imperative to channel these energies towards constructive dialogue and resolution. By harnessing the honesty inherent in anger, we pave the way for authentic reconciliation and lasting peace.

    In the pursuit of conflict resolution, Ken Strongman advocates for a paradigm shift, wherein anger is viewed not as an obstacle, but as a gateway to truth and understanding. As you embark on your own journey towards conflict resolution, consider engaging with Ken Strongman as your trusted mediator. With his wealth of experience and unwavering commitment to fostering dialogue and reconciliation, Ken Strongman stands ready to guide you towards a brighter, more harmonious future. Take the first step towards resolution today and witness the transformative power of genuine dialogue and understanding.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • The Role of a Commercial Mediator

    The Role of a Commercial Mediator

    commercial mediator
    Commercial Mediator – pexels-khwanchai-phanthong-4175023.jpg

    In today’s business world, disputes and conflicts are a common occurrence. When parties in a commercial dispute cannot find a resolution on their own, they often turn to a commercial mediator for assistance such Ken Strongman. As a commercial mediator he is a neutral third party who facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. This blog post will discuss the role of a commercial mediator and how they can benefit your business.

    The Role of a Commercial Mediator

    The role of a commercial mediator is to help parties in a dispute reach a resolution that is mutually acceptable. The mediator does not take sides or make decisions for the parties. Instead, they facilitate communication and negotiation between the parties to help them find common ground. A commercial mediator’s role is to listen to both parties’ concerns and guide them towards finding a solution that meets their needs.

    Benefits of Using a Commercial Mediator

    Using a commercial mediator has many benefits for businesses. Here are a few:

    Saves Time and Money

    Commercial mediation is typically less expensive and time-consuming than going to court. Mediation can be scheduled at a time that is convenient for all parties involved, and it is often resolved within a few sessions.

    Preserves Relationships

    Mediation can help preserve business relationships that might otherwise be destroyed by the dispute. Since mediation focuses on finding a mutually acceptable solution, it is often easier for parties to continue working together after the dispute is resolved.

    Confidentiality

     Mediation is a private process, and the parties can agree to keep the details of the dispute confidential. This can be particularly important for businesses that want to avoid negative publicity or damage to their reputation. Confidentiality is enforced by law.

    Control

    Parties in mediation have more control over the outcome than they would in court. In mediation, the parties have the power to craft a solution that meets their unique needs and interests.

    Conclusion

    Commercial mediation is a valuable tool for businesses that are involved in a dispute. My role as a commercial mediator is to help parties communicate and negotiate in a way that leads to a mutually acceptable solution. By using a commercial mediator, such as myself, businesses can save time and money, preserve relationships, maintain confidentiality, and retain control over the outcome. If your business is involved in a dispute, consider using a commercial mediator like Ken Strongman, to help you find a resolution.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #construction #legal #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • The Advantages of Commercial Mediation for Resolving Business Disputes

    The Advantages of Commercial Mediation for Resolving Business Disputes

    Commercial Mediation
    Commercial Mediation artem-podrez-8518720

    Commercial mediation has become a widely accepted alternative to traditional legal proceedings for resolving business disputes. In a commercial mediation, parties work with a neutral third-party mediator, such as myself, to negotiate a mutually acceptable resolution. There are several advantages to this approach to conflict resolution that make it an attractive option for businesses and individuals alike.

    Faster Resolution

    Traditional court cases can take years to resolve, but commercial mediation sessions typically conclude within a few hours or days. This quick resolution to disputes is a major benefit for businesses seeking to resolve conflicts quickly and return to normal operations.

    Cost-Effective

    Commercial mediation eliminates costly court fees and the expenses associated with legal counsel, making it a more economical option for both parties involved in the dispute. This is especially beneficial for businesses that would prefer to build the busyness rather than pay legal fees.

    Confidential

    The confidentiality of the commercial mediation process allows parties to discuss sensitive information without fear of it becoming public. This open communication can encourage the parties to reach a resolution more quickly and help build trust. It also keeps proprietary information out of the public eye.

    Increased Control

    In traditional court proceedings, a judge makes the final decision, but in a commercial mediation, the parties have the power to make decisions about their own dispute and reach a mutually acceptable resolution. This increased control over the outcome can empower both parties and lead to a more positive and productive outcome.

    Amicable Process

    Encouraging open communication and dialogue through the mediation process can reduce tensions between the parties and foster a more positive and productive atmosphere. This amicable resolution to disputes can be especially important for businesses seeking to maintain positive relationships with customers, suppliers, or other stakeholders.

    The benefits of commercial mediation as a means of resolving business disputes include a faster resolution, cost-effectiveness, confidentiality, increased control over the outcome, and an amicable process. If you are involved in a business dispute, consider the advantages of commercial mediation and consult with Ken Strongman..

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Resolving Conflicts: Clarifying Values for Effective Resolution

    Resolving Conflicts: Clarifying Values for Effective Resolution

    clarify each party’s values

    In the labyrinth of conflicts, clarity often eludes us when values clash, resulting in impasses and misunderstanding. Yet, within this maze lies a crucial key: ‘clarify each party’s values.’ The essence of conflict resolution resides in unraveling the tangled threads of disparate values that intertwine within our perceptions and judgments. Let’s embark on a journey to comprehend the vital role of values, dissect the intricacies between perceptions and values, and delve into the profound impact they wield in resolving conflicts.

    Conflicts often stem from a clash of values or a lack of clarity regarding them. When parties hold incompatible values or when the values guiding a situation remain ambiguous, conflicts emerge like storms on the horizon. These conflicts intensify when one party refuses to acknowledge the other’s perspective as a value rather than a mere preference. To navigate through these stormy seas, it becomes imperative to illuminate the path by clarifying the values each party holds. By meticulously understanding these guiding principles, a beacon of resolution begins to shine through the turbulent clouds of conflict.

    Values are not mere abstract concepts; they wield tremendous power in shaping perceptions and actions. At times, distinguishing between the influence of values and perceptions can be as elusive as catching the wind. However, in the pursuit of conflict resolution, merging the understanding of both becomes a catalyst for harmony. While perceptions often stem from immediate experiences and biases, values anchor themselves as the bedrock of one’s principles, ethics, and moral code. Acknowledging the weight values carry in shaping perceptions allows us to bridge the gap and facilitate smoother conflict resolution processes.

    Moreover, a shared understanding of the definitions and interpretations of values is crucial. The very definition of values extends to the regard and importance attributed to something, as well as a person’s standards or judgment of what holds significance in life. Synonyms like principles, ethics, morals, standards, and codes of behavior interlace to form a rich tapestry that guides our actions and decisions.

    In conclusion, as conflicts arise and values clash, the beacon of resolution emerges through the fog when we actively engage in clarifying each party’s values. Understanding the profound influence values exert on perceptions provides a roadmap toward harmony and resolution. To embark on this journey of conflict resolution, reach out to Ken Strongman, a skilled mediator adept at navigating the intricate terrains of conflicting values. Take the first step toward resolution—engage with Ken Strongman today and pave the way for a harmonious tomorrow.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Mediation Agreement: Essential Tools for Efficient Dispute Resolution

    Mediation Agreement: Essential Tools for Efficient Dispute Resolution

    Mediation Agreement
    Mediation Agreement

    Are you seeking an effective means to resolve disputes while ensuring clarity, confidentiality, and fair cost allocation among involved parties? Look no further than the pivotal document in the mediation process: the Mediation Agreement. In the realm of dispute resolution, a comprehensive Mediation Agreement stands as the cornerstone, safeguarding the interests of all involved parties. It meticulously outlines crucial elements, including confidentiality, documentation admissibility, and the mediator’s fees. Understanding its significance and crafting it adeptly can significantly streamline the mediation process. Join me as I delve deeper into the pivotal role of the Mediation Agreement in fostering productive and harmonious resolutions.

    The essence of any successful mediation lies in the groundwork laid before the process begins. At its core lies the Mediation Agreement—a meticulously crafted document designed to establish a framework that ensures all parties are well-informed about the proceedings. Its comprehensive nature addresses critical aspects such as confidentiality, admissibility, and the treatment of exchanged information. This agreement not only provides a structured roadmap but also sets the tone for the entire mediation process.

    Crafting a Mediation Agreement requires meticulous attention to detail. The agreement isn’t a one-size-fits-all document; rather, it’s tailor-made to suit the unique needs and preferences of the parties involved. Typically, an adept mediator, like myself, initiates the process by presenting a draft agreement, offering a solid foundation that parties can modify to align with their specific requirements. Elements such as the mediation’s time, location, apparent conflicts, confidentiality rules, briefing deadlines, and fee structure are meticulously laid out, ensuring transparency and efficiency in the resolution process.

    Moreover, the fee structure, a pivotal aspect of the Mediation Agreement, is flexible. While it commonly involves a split between parties, this arrangement can be adjusted as per the parties’ discretion. This flexibility underscores the mediator’s commitment to accommodating the unique circumstances and preferences of those involved.

    In conclusion, the Mediation Agreement is the linchpin that holds the entire mediation process together. Its significance cannot be overstated, as it not only ensures clarity and confidentiality but also sets the stage for a streamlined and amicable resolution. To experience the seamless mediation process and benefit from a meticulously crafted agreement tailored to your specific needs, engage with me, Ken Strongman, as your mediator. Let’s navigate disputes efficiently and harmoniously.

    Ready to embark on a journey towards effective dispute resolution? Contact Ken Strongman today to initiate the mediation process and witness the transformative power of a well-crafted Mediation Agreement.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • The Differences Between Commercial Mediation and Arbitration

    The Differences Between Commercial Mediation and Arbitration

    Differences Between Mediation and Arbitration
    The Differences Between Mediation and Arbitration – yan-krukov-7640796

    Alternative dispute resolution (ADR) methods such as commercial mediation and arbitration have become increasingly popular in recent years. While these two approaches share similarities, they also have significant differences, each with its own set of advantages and disadvantages. In this blog post, we will explore the differences between commercial mediation and arbitration.

    Mediation

    Commercial mediation is a voluntary and confidential process that involves a neutral third party, known as a mediator, who helps parties negotiate and reach a mutually acceptable solution to their dispute. Mediation is an informal process that does not involve strict rules of evidence or procedure. It can be used in various commercial disputes, including contractual, employment, and shareholder disputes. One significant benefit of mediation is its flexibility, as parties can agree on the mediator’s qualifications, location, and time frame for sessions. Additionally, mediation is generally less expensive and quicker than arbitration or litigation.

    Arbitration

    Arbitration is a more formal process that involves a neutral third party, known as an arbitrator, who renders a binding decision on both parties. Arbitration can be used in various commercial disputes, including contractual, construction, and intellectual property disputes. Unlike mediation, the arbitrator’s decision is final and enforceable, and the process is governed by strict rules of evidence and procedure. However, arbitration also offers greater flexibility than litigation, as parties can agree on the arbitrator’s qualifications, location, and time frame for proceedings. Additionally, the rules of evidence and procedure are generally less formal than those in litigation, making arbitration a more accessible and efficient process.

    In conclusion, both commercial mediation and arbitration are valuable ADR methods in resolving commercial disputes. Mediation is a more informal and flexible process that relies on parties’ agreement to reach a mutually acceptable solution. In contrast, arbitration is a more formal and binding process that involves a neutral third party’s decision. Ultimately, the choice between mediation and arbitration depends on the nature of the dispute and the parties’ goals and preferences. By understanding the differences between these two approaches, parties can make informed decisions when selecting an ADR method to resolve their commercial disputes.

    For an experienced Mediator to help negotiate a resolution to your commercial dispute contact Ken Strongman. Here.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.