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Arbritration

FINRA facilitates the resolution of disputes.

FINRA facilitates the resolution of disputes.

What does FINRA facilitate? FINRA Dispute Resolution (FINRA) is the largest dispute resolution forum in the securities industry, handling most securities arbitrations in the USA.  FINRA facilitates the efficient resolution of monetary, business and employment disputes among investors, securities firms and employees of securities firms.

FINRA is subject to Securities and Exchange Commission (SEC) oversight, and the SEC must approve FINRA’s arbitration rules. The National Arbitration and Mediation Committee (NAMC) makes recommendations to FINRA regarding the conduct of arbitrations.

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.

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

Categories
Arbritration

FINRA touches?

FINRA Touches

This is what FINRA touches – 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.”

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.

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

Categories
Arbritration

About the Arbitration Process at FINRA

About the Arbitration Process at FINRA

What is the Arbitration process at FINRA. 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.

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.

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Arbritration FAQ Mediation

FAQ: What is the Comprehensive Mediation Agreement?

FAQ_Mediation Mendocino 02
Comprehensive Agreement

FAQ: What is the Comprehensive Mediation  Agreement?

In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the mediation including the mediator’s fees and will establish how these costs are to be shared between the parties. An appropriately qualified mediator will usually provide a draft Meditation Agreement and it can be amended to suit the parties wishes before being signed by each of the parties and the mediator.

This is standard practice for all of my mediations.  My mediation agreement includes the time and location of the mediation; any known apparent conflicts; the rules of confidentiality; due dates for briefing the dispute and payment of fees.  Generally, the fee is split between the parties but this can be modified by the parties.

Ken_Strongman_003smAbout 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.