Category: Mediation

  • The Role of a Mediator

    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…

  • 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…

  • When It’s Just the Attorney at the Mediation.

    When It’s Just the Attorney at the Mediation. At a seminar hosted by Gary Weiner, former Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had lively discussion about Provost v Regents, (2011) 201 Cal.App.4th 1289. I would like to focus on only one aspect raised…

  • What do good mediators do?

    What do good mediators do? A mediator quickly gets all sides to build trust in the mediator so that:  They believe and understand what I need to accomplish with them at the mediation. As mediator, I’m their new best friend by the end of the mediation session so that I can persuade them to do…

  • What important understanding did you think you had when you originally got involved together?

    What important understanding did you think you had when you originally got involved together? What important understanding did you think you had when you originally got involved together? 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…

  • What is the weakness in your case?

    What are the weaknesses in your 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…

  • At what point will you know that the potential agreement is better than going to court?

    At what point will you know that the potential agreement is better than going to court? 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…

  • How will you know you have developed an agreement at the end of the mediation?

    How will you know you have developed an agreement at the end of the mediation? 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…

  • Do you agree on anything?

    Do you agree on anything? 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…

  • What do you truly disagree upon with your mediation opponents?

    What do you truly disagree upon with your mediation opponents? 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…