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Mediation Preliminary Tasks for a Mediation

Task #17: How do you evaluate the betrayal, bad faith or loss of confidence?

Ken Strongman Mediation Tasks 07
betrayal, bad faith or loss of confidence

Task #17: How do you evaluate the betrayal, bad faith or loss of confidence?

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.

Previously, you were asked to pin point the exact time and place for your sense of betrayal, bad faith or loss of confidence in the agreement and other party.  That is important because there is usually a time and place when you realize the agreement that you had developed with the other party is not work according to your hopes and dreams.

Now you need to determine how you evaluated the betrayal, bad faith or loss of confidence.  It is often the same evaluation process you used to develop the trust and good will of the original agreement.  Knowing how you evaluated both the original good will and now the betrayal will lead to possible solutions to the dispute.  Was it because they stopped looking you in the eye?  Was it a failure to return a phone call in a timely matter?  Was it a failure to respect you and your time, expertise or property?  With this knowledge you can then determine possible solutions to the dispute.

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.

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By Ken Strongman

As a full-time, Mediator and Arbitrator since 2004, Ken’s overarching purpose is to leave the disputing parties in a better position than when they came to him.
Ken works to unite people into purposeful and unified directions, actions, and efforts by getting under surface appearances. By doing so, he facilitates the parties in developing their unique solutions.
Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates.