Ken Strongman, Esq. – Mediator

Tag: adr

  • Task #13: In a dispute, how did the relationship change?

    Task #13: In a dispute, how did the relationship change? How did the relationship change? 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…

  • Arbitrator’s Duty to Avoid Potential Conflicts

    Arbitrator’s Duty to Avoid Potential Conflicts Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is…

  • Mediation outside the USA in Europe – the differences

    Mediation Outside the USA in Europe My Mediation Society Colleagues, Bruce Edwards, Patrice Prince and Dana Curtis shared their observations on Mediation in Europe at a recent breakfast meeting. They attended the International Summer School on Business Mediation in Admont, Austria this last summer.  Here are some of their observations European Mediation from my notes:…

  • Task #12: What important understanding did you think you had when you originally got involved together?

    Task #12: 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…

  • Arbitrator’s Duty to Neutrality

    Arbitrator’s Duty to Neutrality It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge…

  • I’m tired of being called a Mediation Neutral.

    I’m tired of being called a Mediation Neutral. Most Mediators describe themselves as being neutrals. I’m tired of being called a Mediation Neutral. It doesn’t help that the courts and clients expect us to be neutral and describes us as such.  But mediators in Europe have difficulty with the description. In the German Language the term…

  • The Arbitrator’s Role: Ethical Considerations

    The Arbitrator’s Role: Ethical Considerations FINRA encourages arbitrators to periodically review the Code of Ethics for Arbitrators in Commercial Disputes (Code of Ethics) to refresh themselves about their duties and ethical responsibilities. The information contained in this guide is a brief reminder of the arbitrators’ ethical duties.  The guide is neither an exhaustive list nor…

  • Taming Your Bear of a Case: ADR Solutions For Complex Cases From Contract to Final Resolution

    Taming Your Bear of a Case: ADR Solutions For Complex Cases From Contract to Final Resolution Taming Your Bear of a Case: ADR Solutions For Complex Cases From Contract to Final Resolution. This is the title of the program we will be presenting November 16, 2012 at the 2012 MCLE Spectacular by on by the…

  • What type of training does a FINRA Arbitrator candidate receive?

    What type of training does a FINRA Arbitrator receive? What type of training does a FINRA Arbitrator candidate receive? After the initial application process, an arbitrator candidate must successfully complete FINRA’s Basic Arbitrator Training Program before becoming eligible to serve on arbitration cases. FINRA’s Basic Arbitrator Training Program consists of several parts: an Online Basic…

  • Task #11: What’s wrong with the other side’s case?

    Task #11: What’s wrong with the other side’s 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…