The most effective litigators aren’t just great advocates; they are master proceduralists. They know that the “Primary ADR Methods” aren’t just definitions in a textbook—they are distinct tactical levers that can be pulled to secure the best outcome for a client.
Over the last few weeks, we’ve broken down the taxonomy of choice:
🛠 The 4 Strategic Levers
- Conciliation: The “olive branch” for parties who must maintain a relationship. It’s about character, salutatory gestures, and avoiding the “alligator” pitfall of appeasement.
- Negotiation: The sophisticated, lawyer-driven process of finding mutual satisfaction. It’s the daily bread of litigation, but it requires a strategic temperament to close.
- Mediation: Negotiation with an evaluative edge. It’s where the reality check happens and where California’s confidentiality codes allow for the most creative business saves.
- Arbitration: The consensual ceding of authority. You give up control over the outcome to gain control over the expertise and finality of the decision-maker.
The takeaway? The “best” ADR method is the one that fits the commercial reality of your dispute.
I specialize in helping attorneys identify the right method and providing the expert neutral services to execute it. Whether you need a facilitator for a delicate negotiation or a decider for a complex commercial arbitration, I am here to help.
I am available for complex commercial mediation and arbitration. Let’s connect to discuss which lever we need to pull for your client’s relief.
🔗 Read the full Taxonomy series here:
Selecting Your Decider: Consensual Arbitration
Evaluative Mediation is More Than Just “Assisted Talking”
Strategic Conciliation: Conciliation vs. Strategic Negotiation
These blogs are adapted from my unpublished manuscript on Alternative Dispute Resolution (ADR).
About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA, past president of The Mediation Society. and instructor at UC Law San Francisco.
© 2026-27 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.
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