Ken Strongman, Esq. – Mediator

Category: Arbritration

  • Confidentiality and Discovery within FINRA Arbitration

    Confidentiality and Discovery within FINRA Arbitration Within a FINRA Arbitration, If a party objects to document production on grounds of privacy or confidentiality, arbitrators or one of the parties may suggest a stipulation between the parties that the documents in question will not be disclosed or used in any manner outside of the arbitration of…

  • If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?

      If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased? Absolutely not!  I as mediator form opinions on many issues for many reasons. One of the primary things I do as mediator is to help you to evaluate the pros and cons of your position in a dispute…

  • FINRA’s Initial Prehearing Conference

    To maximize the efficient administration of a case by the panel, FINRA schedules an Initial Prehearing Conference (IPHC). The IPHC will normally be held by telephone. FINRA will notify the parties and arbitrators of the date and time of the IPHC at least 20-days prior to the phone conference.  At the conference, the panel will…

  • Arbitration, then Mediation, a way to blend them both.

     Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street.  You conduct a mediation to settle a law suite.   Nothing could be further from the truth.  There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or…

  • I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do?

    I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do?  Don’t let yourself get stuck refusing to make what you believe is a reasonable settlement offer or demand based on your…

  • Challenging the Arbitrator: Challenge for Cause

    Challenging the Arbitrator: Challenge for Cause In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…

  • I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court?

    I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court? This is an option, but you may not resolve your dispute. Mediation is not about coming to the table as friends to avoid conflict and confrontation, as many professionals would have you…

  • Challenging the Arbitrator: Motions to Recuse

    Challenging the Arbitrator: Motions to Recuse In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…

  • The Role of the Arbitrator: Duty to Disclose

    Role of the Arbitrator: duty to disclose Arbitrators must be impartial in both appearance and in fact. Therefore, they have a duty to disclose. Arbitrators submit detailed biographical information at the time they join FINRA’s arbitrator roster. The information collected from the application is compiled to create an Arbitrator Disclosure Report (Disclosure Report). During the…

  • Why I joined the ADR section – article

    Here is the article that was just published in the Contra Costa Lawyer, Volume 26, Number 1- January 2013.  I am starting an exciting years as Chair of the ADR Section of the Contra Costa Bar Association. Meet Your Section Leaders – Alternative Dispute Resolution How has section membership benefited your practice? I joined the…