Category: General

  • Resolving the Turkey Conflict

    Turkey Conflict
    The Turkey Conflict

    This is the time of the year for the turkey conflict. Thanksgiving is the day we Americans set aside to give thanks. It is most likely the only day when everyone makes an effort to enjoy a meal with their family. The day can be painful for anyone that does not have immediate family around or because of past family conflicts, being around is not practical.

    For some reason, it is assumed that the meal will be turkey in some form or another. This is not the turkeys that wandered the woods near Pilgrims’ settlement. It is not even the turkeys that are infesting my neighborhood. One has taken up residence at the gas station that I frequent. While everyone is pumping gas, it is admiring itself in the reflections of the cars and trucks. No the turkeys we insist on eating are bred to be the high point of this one meal a year. That they are bred reduces them to the lowest common denominator of blandness.

    Long ago, I developed a total dislike of this type of turkey. If I was to be psychoanalyzed, a connection to the corresponding family discord might be discovered. But being thankful that I am an American, I exercise my God given choice not to eat turkey without being psychoanalyzed.

    My dislike started out in my youth. Only turkey was served for both Thanksgiving and Christmas dinners. Those dinners were rotated between my aunts in San Francisco and our house. There was intense competition between my mother and my aunts to find the most economical bird. In other words, they would look for the cheapest per pound bird and would go to great lengths to secure it. At one point the record was 29 cents per pound. Even in olden times that was extremely cheap. The taste matched the price – cheap.

    One year, my mother, after considerable nagging by the family, invested in a Butterball turkey. That is the kind with the little read button that pops out when it is perfectly done. As was her habit, she put it in the oven before dawn. After the requisite number of hours, the little red button popped out right on queue. Unfortunately, the family was not due to arrive until 1 p.m. and it had reached perfection far faster that previous cheaper birds. Therefore she left it in the oven until noon. There is the dinner scene in National Lampoon’s Christmas Vacation where everyone watches the dead bird shrivel and is still force to eat it – I’ve lived that.

    After marriage, the “discussion” as to having or not having turkey resolved itself. My wonderful wife one year decided to have a big turkey feast with all of the fixings. She purchased a quality frozen 25 plus pound turkey. While readying it for defrosting, it fell out of its perch in the freeze and aimed for her big toe. The ‘pope’s nose’, followed by the other 24 pounds, hit its target with dead accuracy. We spend the entire evening in the emergency room. The toe was broken. Unable to barely stand let alone cook, the job of cooking the dead bird fell to me. Convinced, that was the last time we served Meleagris gallopavo aka dead bird.

    I am thankful for a multitude of blessings. One is the privilege not to eat turkey if you don’t want to eat it. May you be thankful for all of your blessings this season and may you avoid the turkey conflict.

     

    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.

  • Caesar Augustus Law’s Unintended Consequences

    Why Christmas? unintended consequences
    Unintended Consequences in Our World

    Caesar Augustus Law’s unintended consequences

    Luke 2:1. In those days Caesar Augustus issued a decree that a census should be taken of the entire Roman world.

    Law’s unintended consequences

    It is always a concern of law makers that there might be unintended consequences of their decrees. They might intend that the health and welfare of the land be improved only to find out a consequence is that a new danger is introduced. Most of our legislators’ work is to fix the unintended consequences of their tax laws. At the same time they spend too much time burnishing their own legacies for future generations.

    The intended consequence

    The intended consequence of Caesar Augustus’ decree was to raise taxes and to remind him and future generations of the length, breath and greatness of his reign as ruler of the western world. What would the conversation be like if someone went back in time and tried to explain to him that few remember that he arrived in Rome when it was brick and when he left it all in marble because his Rome is now in ruin? Explain to him that all most people of earth remember of his Pax Romana and all of this other law making actions is this little one. Explain that no one remembers the results of the census or how much tax money was raised.

    Moving a Pregnant Unwed Peasant Girl

    What most people only remember of Caesar Augustus is that this one decree unintended consequent was to force an unwed Jewish peasant girl to move about 111 kilometers in the ninth month of her pregnancy – from Nazareth to Bethlehem. It would have taken the threat of a Roman Legion to do it as well. From personal experience, I know that it is impossible to persuade a pregnant woman to travel more than 10 miles from her preferred place to give birth. It would have been against her obstetrician orders.

    Our Unintended Consequences

    This could be a lesson of all of us. None of us know the unintended consequences of our words or actions. It could be a smile or a kind word, or a good act. Or it could be the off handed remark, the indifferent look, or the omission to act. We have no way of knowing. We can only go by the unintended consequences of others in regards to ourselves. We need to spend less time burnishing our future greatness and more time in the here and now.

    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.

  • Walnut Creek at 100 years

    Fountain Head in Walnut Creek
    Fountain Head in 100 year old Walnut Creek

    2014 was an eventful year for my family. But I don’t want to focus on that but to reflect on the events of the wider world and the relative small town I live in – Walnut Creek.

    One hundred years ago Walnut Creek citizens voted to incorporate the city. This year was the celebration of that election. For the last 100 years the city council has met to govern the affairs of the community. It has not always been smooth. There were plenty of arguments. Many were very long meetings. There may have been a fight or two that wasn’t recorded in the official records. There was even a move to reverse the incorporation. Despite the good, bad and not so pretty, the town government still functions.

    While Walnut Creek has been bumping along with democracy more or less successfully for the last one hundred years the rest of the world is just learning what democracy is and is not. There are some places where democracy has been practice for much longer than Walnut Creek, but for most of the world it is a totally a new thing.

    Looking at a map of the world in 1914 you will find that the world had little experience with democracy.

    The Middle East was all part of the Ottoman Empire. None of the countries that now dominate the news existed. They were not even provinces of the Ottoman Empire. They would be created by the winners of World War I.

    Likewise the Russian Empire had not fallen to bold vision of communism. It was ruled by an absolute monarchy. Therefore Ukraine, Central Asia and the Caucasus were all subject to the will of the Tsar.

    Not stopping with the Russian Empire, the Austria-Hungry Empire also fell at the end of World War I. With its fall all of the Balkan countries were created. We often think that Europe has been there for thousands of years. It has but not in its current form. Many new countries appeared at the end of the War to End All Wars. Their first experience with democracy occurred in the 1920’s. I haven’t even gotten to post colonial Africa and Asia. Democracy is a new concept there as well for the most part.

    We shouldn’t be surprised when there are some bumps or major challenges on the road to a robust democracy through out the world. I for one want to congratulate the people of Walnut Creek for persevering and wish them the best in the next 100 years.

    Have a very Happy New Year in 2015.

    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.

  • Christmas Safari

    Ken Strongman Xmas 2014
    Family Safari

    A Christmas Safari is one of the few family traditions of the Christmas season I have consistently enjoyed. We really seldom go out into the wilds, it is usually the wild and crazy places in the City, though last year we came close.

    It is a tradition from my youth. On a Saturday in December my family would travel into San Francisco for the day. We would shop but most likely never buy much of anything. My mother was proud of the fact that her Christmas shopping was done before Thanksgiving.

    One of my earliest memories is of riding the Ferris wheel on top of the San Francisco Emporium. It was an adventure parking the car in a multi story garage, and then entering a massive store. It often took a while to find the escalators. As we rode each one up to the next floor they be came narrower and narrower. They also became much older based on their design. You could tell because the threads of the escalator became wider and made of wood. Finally at the top floor, we had to work around the Christmas stuff to find the door leading to the stairs to the roof. On the roof was a complete Santa’s Village with many different carnival rides. The Ferris wheel was at the edge of the building. It was impressive in that when you rotated to the top you could look down the side of the almost 10 story building. The building has long since been converted to the Westfield Mall and the Emporium no longer exists.

    Next we would journey to see the City of Paris Christmas tree. Each year there was a new real tree installed in the rotunda of the department store. The decorations were different every year. There we spent time on each floor of the department store looking out on the rotunda checking out the tree. On the site of the City of Paris now sits Neiman Marcus. It is a new building, but because of historical preservation the rotunda remains. There is still a Christmas tree there each year, but it is now artificial with mostly the same decorations each and every year.

    Leaving the City of Paris, the next annual pilgrimage was to Podesta Baldocchi Flowers. Normally, they were florists during the year. They were often used in Hollywood films as a traditional San Francisco location. The shop was featured in Alfred Hitchcock’s 1958 film Vertigo. At Christmas, they turned their shop into a Christmas tree wonderland. Each tree was decorated with different beautiful and expensive ornaments. All were for sell. It was a wonder to behold.

    Then it was time for food. We had one tradition for many years of having cheese blitzes at David’s Delicatessen. We never ventured into Chinatown or North Beach. Those were adventures for different seasons.

    We also never did the Nutcracker. I could never figure out what that had to do with Christmas. Of course, both I and my brother are guys. I still can’t. I have three sons.

    We still make the effort though most of the old adventures are gone. There are now new ones to take their place. Now the trip is by BART. Sometimes we take the ferry. We never take the car anymore. It is still fun.

    Merry Christmas.

    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.

  • Resolving the Turkey Conflict

    Turkey Conflict
    The Turkey Conflict

    This is the time of the year for the turkey conflict. Thanksgiving is the day we Americans set aside to give thanks. It is most likely the only day when everyone makes an effort to enjoy a meal with their family. The day can be painful for anyone that does not have immediate family around or because of past family conflicts, being around is not practical.

    For some reason, it is assumed that the meal will be turkey in some form or another. This is not the turkeys that wandered the woods near Pilgrims’ settlement. It is not even the turkeys that are infesting my neighborhood. One has taken up residence at the gas station that I frequent. While everyone is pumping gas, it is admiring itself in the reflections of the cars and trucks. No the turkeys we insist on eating are bred to be the high point of this one meal a year. That they are bred reduces them to the lowest common denominator of blandness.

    Long ago, I developed a total dislike of this type of turkey. If I was to be psychoanalyzed, a connection to the corresponding family discord might be discovered. But being thankful that I am an American, I exercise my God given choice not to eat turkey without being psychoanalyzed.

    My dislike started out in my youth. Only turkey was served for both Thanksgiving and Christmas dinners. Those dinners were rotated between my aunts in San Francisco and our house. There was intense competition between my mother and my aunts to find the most economical bird. In other words, they would look for the cheapest per pound bird and would go to great lengths to secure it. At one point the record was 29 cents per pound. Even in olden times that was extremely cheap. The taste matched the price – cheap.

    One year, my mother, after considerable nagging by the family, invested in a Butterball turkey. That is the kind with the little read button that pops out when it is perfectly done. As was her habit, she put it in the oven before dawn. After the requisite number of hours, the little red button popped out right on queue. Unfortunately, the family was not due to arrive until 1 p.m. and it had reached perfection far faster that previous cheaper birds. Therefore she left it in the oven until noon. There is the dinner scene in National Lampoon’s Christmas Vacation where everyone watches the dead bird shrivel and is still force to eat it – I’ve lived that.

    After marriage, the “discussion” as to having or not having turkey resolved itself. My wonderful wife one year decided to have a big turkey feast with all of the fixings. She purchased a quality frozen 25 plus pound turkey. While readying it for defrosting, it fell out of its perch in the freeze and aimed for her big toe. The ‘pope’s nose’, followed by the other 24 pounds, hit its target with dead accuracy. We spend the entire evening in the emergency room. The toe was broken. Unable to barely stand let alone cook, the job of cooking the dead bird fell to me. Convinced, that was the last time we served Meleagris gallopavo aka dead bird.

    I am thankful for a multitude of blessings. One is the privilege not to eat turkey if you don’t want to eat it. May you be thankful for all of your blessings this season and may you avoid the turkey conflict.

     

    · 

    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.

  • Contra Costa Superior Court Volunteer Reception

    Ken Strongman Volunteer appreciation 2013
    superior court volunteer

     

    The Contra Costa Superior Court held a reception to thank the hundreds of volunteers from the legal and professional community who contributed their time and talent to support the court.  I was one of the volunteers so honored.

    The Presiding Judge, the Honorable Barry Goode said, “There have been so many setbacks as our budget has been cut over the past five years, we simply could not function as well as we do without you.  Your efforts as mediators, arbitrators, settlement mentors, temporary judges, discovery facilitators, docents, clerks and interns, CASA and clinic Volunteers have made all the difference.  We thank you on behalf of the parties with cases before the court, and the public whose access to their justice system you have supported.”

    I’m proud to be associated with this large group who has given of their time and talents to improve access to justice.

    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.

  • Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition

    Berkeley Law Competition
    Mediation Competition

    Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition

    Last Friday I participated in the ABA Representation in Mediation Competition.  I was one of the judges of the competition.  It was a two day event held at Berkeley Law in Boalt Hall at the University of California, Berkeley Campus.

    As Alternative Dispute Resolution (ADR) becomes more integrated in courts and pre-trial procedure, it has been my experience that attorneys will have all of their cases referred to these processes. Therefore, it is important that attorneys adequately represent their clients in this ADR environment. The competition was designed to acquaint the law student with advocacy in mediation. The focus of this competition is on attorney representation of clients in mediation. Judging criteria are geared toward examining the effective combination and use of advocacy and collaborative problem-solving skills.

    The judging criterion was designed to reward those participants who use an effective combination of advocacy skills and a problem-solving approach in the mediation. The problem solving approach is defined as one in which negotiators learn about each other’s interests and BATNA (Best Alternative To A Negotiated Agreement), brainstorm options, and select and shape a solution that meets their interests and, where appropriate, objective standards. Participants were not expected to sacrifice their client’s interests in order to be collaborative.

    The round that I judged consisted of a 75-minute mediation session involving a community dispute involving starlings and blueberries. At the close of the mediation session, there was a 10-minute period during which each team analyzed its performance in private, followed by a 20-minute self-analysis period (10 minutes per team) for each team to evaluate its own performance in the presence of the judges, but outside the other team’s presence.

    I was impressed by the attorney advocates willingness to let their client talk.  They were confident in their own abilities to allow the opposition to ask direct questions of their clients.  This was refreshing.  One of my chief obstacles in mediation is the attorneys putting on shows for their clients benefit.  They forget that their clients will usually have to deal with each other long after the dispute is resolved.

    The 1st place team in this competition automatically advanced to the National Competition.  There were teams from all over the west.   Some came as far away as North Dakota.  I will never know where any team came from.  It would have been a disqualifying breach of the rules to know the law school identity of a team.  Only if a team from the west wins the national competition will I have a hint that I was able to judge their abilities.

    *         *       *

    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 #11: What’s wrong with the other side’s case?

    Task #11: What’s wrong with the other side’s 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 #11:  What’s wrong with the other side’s case?

    Now is your attorney’s opportunity to turn the introspection of your own case on its ear.  You need to list everything that is wrong with your opponent’s case.   You need to review this 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.

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

     

  • My Purpose for blogging: Where to we go from here?

    Where to we go from here?

    My primary purpose for this blog is to inform practitioners and participants in mediation, negotiations, other forms of alternative dispute resolution and risk management.

    I want to provide a mostly systematic overview of the full range of dispute resolution options: risk management or the avoidance and minimization of conflicts, negotiation, mediation, arbitration.  I also want to demonstrate how to effectively use each option for each situation.  From time to time, the blog will delve into issues involving legal ethics and social media.

    I want to have a dialog with you on these issues and thereby helping all of us to improve our skills and knowledge.

    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.