Ken Strongman, Esq. – Mediator

Category: Ethics

Legal Ethics – The ethical practice of Law.

  • Ethical Considerations of Mediation

    Ethical Considerations of Mediation

    Commercial mediation is a popular form of alternative dispute resolution that involves a neutral third-party mediator who helps parties in a commercial dispute reach a mutually acceptable resolution. Compared to litigation, mediation is quicker, more affordable, and more adaptable, making it a preferred option for many businesses. However, commercial mediation presents ethical considerations that must be addressed to ensure the process’s integrity and effectiveness.

    Neutrality

    Neutrality is a primary ethical consideration in commercial mediation. Mediators must remain unbiased throughout the mediation process, avoiding taking sides or showing favoritism toward any of the parties involved. They must not have any financial or personal stake in the outcome of the mediation, as such bias can undermine the process’s trust and fairness.

    Confidentiality

    Confidentiality is another critical ethical consideration in commercial mediation. Mediators must maintain the confidentiality of all information shared during the mediation, preventing any unauthorized disclosure to outsiders. This confidentiality enables parties to speak freely and explore options without fear of negative consequences. It also safeguards the parties’ interests and protects their reputation.

    Informed Consent

    Informed consent is also essential in commercial mediation. Mediators must provide a clear explanation of the mediation process and the mediator’s role to the parties involved, ensuring that they understand the possible outcomes and the advantages and disadvantages of settling the dispute through mediation. This helps parties make informed decisions and avoid being coerced or misled into making decisions that may not serve their best interests.

    Mediators must have the necessary qualifications and training to conduct commercial mediations effectively. This includes a comprehensive understanding of the commercial environment, including the legal and financial aspects of the dispute, and training in conflict resolution and mediation techniques.

    In conclusion, commercial mediation is a valuable alternative to litigation in resolving commercial disputes. However, ensuring the integrity and effectiveness of the process requires that mediators maintain neutrality, confidentiality, informed consent, and adequate qualifications and training. By adhering to these ethical considerations, mediators can ensure that parties can trust the process and reach mutually satisfactory agreements, benefiting all involved.

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

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.  

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • Arbitrator’s Duty to Avoid Potential Conflicts

    There needs to be an absolute appearance of being impartial.
    avoid conflicts

    Arbitrator’s Duty to Avoid Potential Conflicts

    Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is pending, nor do so for a reasonable period of time after the case concludes. Likewise, arbitrators should disclose previous cases for which they were retained that involved any party, counsel or witness in the current 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.

  • Arbitrator’s Duty to Neutrality

    Duty to be impartial and neutral.
    Duty to be impartial and neutral.

    Arbitrator’s Duty to Neutrality

    It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge would be viewed in a court of law. In some ways, arbitrators have greater power than a judge for example except for limited reasons; arbitration awards generally cannot be appealed. Therefore, it is particularly important in arbitration that the forum be fair and be perceived to be fair.

    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.