Category: General

  • 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.