Ken Strongman, Esq. – Mediator

Category: General

  • Process of Commercial Mediation

    The Process – pexels-khwanchai-phanthong-4175023.jpg

    Commercial mediation is a process of resolving disputes that arise in business transactions. It involves a neutral third-party mediator, such as myself, who facilitates negotiations between parties in conflict to arrive at a mutually acceptable resolution. Mediation is a flexible process that allows parties to explore various options for resolving disputes, and it is often faster, less expensive, and less formal than litigation.

    If you are considering commercial mediation to resolve a dispute, it is essential to understand the process involved. In this blog post, I will walk you through the process of commercial mediation.

    Pre-mediation

    The first step in commercial mediation is pre-mediation. At this stage, the mediator and the parties involved will hold preliminary discussions to determine whether mediation is the right option for resolving the dispute. They will also discuss the logistics of the mediation process, such as scheduling, location, and fees.

    Mediation agreement

    Once the parties agree to mediate, the mediator will prepare a mediation agreement. This document outlines the ground rules for the mediation process, including the role of the mediator, the confidentiality of the process, and the commitment of the parties to participate fully in the process.

    Opening Statements

    At the beginning of the mediation session, the mediator will make an opening statement, explaining the mediation process and the role of the parties involved. The parties will also have the opportunity to make opening statements, outlining their position on the dispute.

    Negotiation

    The negotiation phase is the most critical part of the mediation process. The parties will engage in discussions, facilitated by the mediator, to explore possible solutions to the dispute. The mediator will help the parties identify areas of agreement and areas of disagreement and guide them toward a resolution that is acceptable to all parties.

    Settlement agreement

    Once the parties reach a mutually acceptable resolution, the parties will prepare a settlement agreement. This document outlines the terms of the agreement and is binding on all parties involved. The settlement agreement is a legally binding document and can be enforced in court if necessary.

    Follow-up

    After the mediation process, the mediator may follow up with the parties to ensure that the settlement agreement is being implemented as agreed. This is an essential step to ensure that the parties’ rights are protected and the dispute is fully resolved.

    Commercial mediation is an effective way to resolve disputes in a timely, cost-effective, and collaborative manner. By understanding the mediation process, you can approach mediation with confidence and work toward a mutually acceptable resolution to your dispute. If you are looking for a quick and efficient way to resolve your business dispute, commercial mediation may be the solution for you.

    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.

  • The Role of a Mediator

    Role of Mediator – pexels-pavel-danilyuk-5520330

    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 I am a neutral third party who facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. In this blog post, I 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 to help you find a resolution.

    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.

  • Disputes Resolved Through Commercial Mediation

    Resolving Disputes – Photo by cottonbro-6814528 from Pexels

    In the world of business, disputes are bound to arise from time to time. When these disputes occur, it’s important to have a reliable mechanism in place to resolve them. Commercial mediation has become an increasingly popular option for businesses looking to settle disputes in a timely and cost-effective manner. In this blog post, we’ll take a look at some of the most common disputes resolved through commercial mediation.

    Contractual Disputes

    One of the most common reasons for commercial mediation is contractual disputes. When two parties enter into a contract, there may be disagreements about what was agreed upon, or one party may have failed to fulfill their obligations. Mediation can help the parties reach a mutually beneficial resolution that satisfies both sides and avoids costly legal proceedings.

    Workplace Disputes

    Workplace disputes can be disruptive to a business, affecting productivity, morale, and potentially leading to legal action. Mediation can help resolve conflicts between employees or between employees and management, providing a safe and neutral space for discussion and finding a resolution that works for all parties involved.

    Intellectual Property Disputes

    Intellectual property disputes are common in industries where intellectual property is a key asset, such as tech or creative industries. Mediation can help parties resolve disagreements over ownership, usage, or infringement of intellectual property in a more efficient and cost-effective way than litigation.

    Commercial Lease Disputes

    When it comes to commercial lease disputes, mediation can be a beneficial alternative to costly and time-consuming litigation. Mediation can help landlords and tenants reach a resolution that addresses their respective concerns, such as rent increases or lease termination.

    Construction Disputes

    Disputes in construction projects are not uncommon, particularly when projects involve multiple parties and complex contracts. Mediation can help parties involved in construction disputes reach an agreement that satisfies their respective concerns, such as payment disputes or disagreements over project timelines.

    Commercial mediation can be an effective way to resolve disputes in a timely and cost-effective manner. Whether it’s a contractual dispute, workplace conflict, intellectual property disagreement, commercial lease dispute, or construction disagreement, mediation can provide a neutral and safe space for discussion and help parties reach a mutually beneficial resolution. By considering mediation as an option, businesses can avoid lengthy and costly legal proceedings and maintain positive relationships with clients, employees, and partners.

    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.

  • The Advantages of Commercial Mediation for Resolving Business Disputes

    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 me. My website is www.kpstrongman.com.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman (www.kpstrongman.com) 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.

     

  • What’s wrong with the other side’s case?

    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.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post 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.

  • 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.