Ken Strongman, Esq. – Mediator

Tag: adr

  • FAQ: When is mediation appropriate?

    FAQ_Mediation Golden Gate

    FAQ: When is mediation appropriate?

    Mediation can take place at any stage from before legal proceedings are issued up until trial and even after trial. Obviously, the earlier mediation takes place, the better chance of saving costs, avoiding publicity and possibly preserving future relations between the parties. However, at a later stage in proceedings mediation may have a better chance of success as the issues in dispute are more clearly defined, the parties are clearer on their strengths and weaknesses and the parties are more focused on the possible benefits and risks in terms of outcomes and costs.

    I have successfully mediated disputes before legal proceeding were initiated.  Often times these are business disputes or intellectual property/high technology disputes.  The parties were quite aware that if they took their disputes to court, it would be years before there was a resolution.  By that time, new technology innovations would make their dispute seem old and tired though legally valid.

    I have also successfully mediated disputes after trial.  In these cases, one party does have a judgment from a court, but both parties want to completely end the litigation and stop any appeals that might negate the judgment.  

    Naturally, mediation is appropriate and anytime.  Often a party has to file the lawsuit to preserve their legal rights and to put on notice to the other parties that there really is a dispute. 

    Ken_Strongman_003smAbout 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.

  • Being aware of others is important to conflict resolution

    Be aware if others
    Be aware if others

    Being Aware of Others is an Important Step to Resolve Conflicts

    Being aware of others is an important step to conflict resolution.  Being aware of others helps you adjust the situation for a good outcome.  It is important to be aware of their physical comfort and any other factors that might be affecting their emotions. 

    Consider taking a break if necessary

    Consider taking a break if necessary. Now may not be the time to resolve the conflict. It does not have to be resolved instantaneously.  A break of a couple of hours, days or in some cases weeks will create a better outcome.

    Consider the location

    Consider the location.  It is often better to change to a more neutral location, or a least a location where both parties are equally uncomfortable.  Meet away from the rest of the group if possible.  I have found that the bigger the entourage the less likely a resolution can be found.  Each party must save some face, and if the entourage is egging them on, they will not be able to save any face.   We all remember our grade school yards when some one yelled ‘fight’ and the crowd quickly gathers around the combatants.  Without the crowd, they might have agreed to disagree or at least one could have run away. But with the crowd, neither can stop the conflict from proceeding.

    Be aware of their physical comfort

    Be aware of their physical comfort.  They may be tired.  They may be hungry.  They may be in physical pain.  If any of these or similar condition occur, it will be difficult to resolved the conflict.  

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • FAQ: What is the role of the mediator?

    FAQ_Mediation Mendocino 02 Role
    Mediator’s Role

    Role of the Mediator

    The role of the mediator is not set in stone. Typically the mediator acts as a neutral third party and facilitates rather than directs the process. At all times, the parties and not the mediator control the outcome of the process.

    Establish a Process

    A good mediator is somebody who is able to establish a process, keep that process moving and build on any momentum that may develop during the course of the mediation. A good mediator will quickly identify and understand the key issues and may challenge the parties to consider their respective strengths and their weaknesses as well as the future implications if the parties fail to reach a negotiated settlement.

    In the mediations I conduct, I work hard to keep the parties working towards solutions.  I firmly believe that we are not done until we have a solution or solutions to all disputes between the parties.  The key skill I use is to keep listening to the parties concerns, hopes and desires for a good outcome.

    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.

  • When are people most likely to do what you ask?

    NYLT_Ken Strongman 10When are people most likely to do what you ask?  (Especially if it is something they are not excited about!)

    ·     When they trust you

    ·     Experience shows you are a reliable leader and ally

    ·     They understand you make decisions for the good of the group

    ·     They know you care about them

    How many of you have heard the first law of Real Estate: “Location, Location, Location”

    Well the first law of team building is: Relationships, Relationships, Relationships.  Relationships come from involvement with people.  Listening is the most important skill in building those relationships and resolving any conflict, whether the conflict involves you as a participant or as a moderator. Unless you make a conscious effort to listen, you will miss vital facts and beliefs that could lead to a satisfactory resolution.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • FAQ: What are the potential benefits of mediation?

    Angel Island State Park. Benefits
    Mediation Benefits

    FAQ: What are the potential benefits of mediation?

    It is:

    • A voluntary and confidential process where participants determine the outcome for themselves rather than it being determined by a Judge, jury or an Arbitrator.
    • Offers a wider range of possible outcomes than can ever be determined by a Court.
      Provides an opportunity for the parties to fully participate in the process and therefore, to feel very much part of a successful outcome.
    • Avoids the potential risk of the significant costs in litigation.
    • The mediator can act as an impartial facilitator to a resolution.
    • Ideally suited to multi-party litigation or otherwise complex disputes.
    • Mediation is also appropriate as a method of resolving interpersonal disputes such as those that arise in the workplace, in clubs, in an educational context, etc.
    • Even an unsuccessful mediation can educate the parties on the strengths and weaknesses of their case and the risks involved which may facilitate resolution in due course.
    • Can allow disputes to be resolved in circumstances where a necessary on-going relationship between the parties can be maintained.
    • It provides a timely resolution where as going to trial can take several years.

    Ken_Strongman_003smAbout 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.

  • You need to be aware of yourself before you can resolve a conflict.

    NYLT_Ken Strongman 09 aware
    aware of yourself

    If you are upset or angry, it affects how you relate to others.  You must be aware of your own emotions.  We all have them, so don’t deny them.  If necessary you may need to call a time-out to let your own emotions cool down.

    It is not just having an understanding of your own emotions.  I know that my mediations do not go well if I have a personal distraction.  The distraction doesn’t have to have anything to do with the situation at hand.  It could be something simple like I have less that a quarter of a tank of gasoline in my car, or more complex like there are difficulties at home.  

    Make sure that you have minimized all of your personal distractions.  Be neutral and level headed.  Be aware of your own emotions.  If you are a team leader confronting conflict, you need to keep track of the team’s vision along with your own emotions, wants and desires.

    Finally, if you own the cause of the problem, you may not be the best to resolve the conflict.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • FAQ: What is Mediation?

    FAQ_Mediation Mendocino 02
    What is Mediation?

    Mediation is a form of alternative dispute resolution (ADR), which can be used as a way of resolving a dispute between two or more parties with the assistance of a mediator who acts as a neutral third party and facilitates the process with a view to the parties voluntarily negotiating a settlement of their dispute.  In all of the mediations in which I served as a mediator, I have never dictated the solution to the dispute to the parties.  I have offered suggestions and ideas that they may not have considered. 

    Mediation usually has a structure, timetable and process established and agreed by the parties with the mediator which can help it to be a more effective dispute resolution process than a traditional settlement meeting. The process is private, confidential, without prejudice and non-binding, although the objective is to reach a resolution of the dispute by agreeing to binding settlement agreement.

    It cannot be stressed enough that mediation is a completely voluntary process where the parties with the assistance and guidance of the mediator reach a solution to a dispute that is satisfactory to all parties.  The parties are in complete control of the solution. 

    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.

  • Steps to Resolve Conflict.

    NYLT_Ken Strongman 08
    Steps to resolve conflicts.

    There are basic steps to resolve conflicts. All leaders are bound to encounter difficulties between two people or groups.  This will happen when the team is in the ‘storming’ stage of team development.  In this stage the conflict may not be completely obvious.  It’s quite true that some will act out their issues.  Others can become extra quiet and withdrawn.

    The simple steps to resolve any conflict are:

    ·     Be aware of yourself.

    ·     Be aware of others.

    ·     Listen.

    ·     Use your EAR.  [Express, Address, Resolve.]

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • FAQ: Do I have to have a lawyer at my mediation?

    FAQ_Mediation Mendocino 03 lawyer
    Lawyer at mediation?

    Do I have to have a lawyer at my mediation?

    No, it is not necessary to have a lawyer representing you at mediation. If you have a lawyer already representing your interests in the dispute you would need to discuss this with him or her.  If you feel you need legal advice or that you are unqualified or uncomfortable dealing with the issues on your own, then you should consult a lawyer and perhaps hire someone on an hourly basis solely for the purpose of representing you at the mediation.

    If, on the other hand, you are involved in a dispute that you feel comfortable resolving without a lawyer, keeping in mind that your mediator will not give you legal advice or advocate on your behalf, by all means, make an attempt to resolve it on your own first.

    Do remember that the other party has a right to hire an attorney and to bring them to the mediation to help represent them.  If that scenario occurs, there will be no one to advocate your interests. You will not have a right to delay the mediation to hire your own attorney.

    Mediation is a voluntary process that centers on discussions and decision-making, rather than judgment. It is focused on resolving disputes based on the factual circumstances, the needs of the parties and practicality, and not solely on the legal rights of the parties (sometimes, despite those rights). Often, the mere presence of an attorney creates an antagonistic and adversarial atmosphere that impedes resolution rather than assisting it.

    It has been my experience that when the parties have attorneys and those attorneys are actively helping to resolve the issues, the mediation is more successful.  This does not mean that representing yourself in mediation is a no-win situation.  I have conducted many mediations where one or more parties were self represented.

    Ken_Strongman_003smAbout 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.

  • How to respond to an angry person.

    NYLT_Ken Strongman 07
    Responding to angry persons.

    One of the key steps to resolve any conflict is knowing how to respond to an angry person.  You just have to listen to them. 

    When you’re listening to an angry person:

    Be attentive and patient: Keep in mind that they will become less angry as you let them express themselves.  

    Be sincere: Empathy and validation must be both honest and genuine.  Don’t react any other way.

    Be calm: Try to remove your own emotions from the discussion. Remember that an angry person may say inflammatory things in the heat of the moment, but you do not have to react angrily.  They may be trying to push your buttons and make you angry.  By so doing, they believe that they will gain the upper hand in the conflict.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.

    © 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.