Conciliation, Negotiation, Mediation, Arbitration: Do You Know Which Lever to Pull?

Ken Strongman

4 hours ago

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These blogs are adapted from my unpublished manuscript on Alternative Dispute Resolution (ADR).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.