Ken Strongman, Esq. – Mediator

Tag: Business Mediation

  • Role of Technology in Mediation

    Role of Technology in Mediation

    The Role of Technology in Commercial Mediation – pexels-pavel-danilyuk-7518964

    In recent years, technology has played an increasingly important role in various aspects of our lives. From education to healthcare, technology has transformed the way we interact with each other and the world around us. One area where technology has made significant strides is commercial mediation. We will now discuss the role of technology in commercial mediation and how it has impacted the process.

    Commercial mediation is a form of dispute resolution where parties involved in a commercial dispute hire a neutral third party to help them negotiate a settlement. Traditionally, mediation involved face-to-face meetings between the parties and the mediator, but with the advent of technology, online mediation has become more prevalent. Online mediation allows parties to participate in the mediation process remotely, which has several advantages.

    Firstly, online mediation can be conducted more efficiently. By eliminating the need for travel and scheduling conflicts, online mediation allows parties to participate in the mediation process more easily. This can save time and reduce costs associated with traditional face-to-face mediation.

    Secondly, online mediation can be more effective in resolving disputes. Studies have shown that parties involved in online mediation are more likely to reach a settlement than those involved in face-to-face mediation. This is because online mediation allows parties to communicate more openly and freely, without the constraints of face-to-face interactions.

    Thirdly, technology can facilitate the mediation process itself. For example, online mediation platforms can provide tools for parties to share documents, track progress, and communicate with each other and the mediator. These tools can enhance the transparency and efficiency of the mediation process, helping parties to reach a settlement more quickly and effectively.

    However, technology also has its limitations in commercial mediation. Online mediation may not be suitable for all disputes, and some disputes may require face-to-face interactions to build trust and rapport between the parties. Technological glitches and language barriers can also create barriers to communication.

    In conclusion, technology has had a significant impact on commercial mediation, making the process more efficient, effective, and transparent. As technology continues to evolve, we can expect further advancements in the field of commercial mediation.

    Nonetheless, it is essential to remember that technology should be used as a tool to enhance the mediation process, not replace it entirely. The human element of mediation remains critical in building trust and understanding between the parties involved in a dispute.

    For an experienced and qualified commercial mediator to help negotiate a resolution to your commercial dispute contact Ken Strongman. Here.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • How To Select a Qualified Mediator

    How To Select a Qualified Mediator

    How To Select a Qualified Commercial Mediator – pexels-fauxels-3182827

    How To Select a Qualified Commercial Mediator. When it comes to resolving disputes in a commercial setting, mediation can be an effective solution that can help parties avoid the time and expense of litigation. However, selecting the right mediator is key to a successful outcome. Here are some tips on how to select a qualified commercial mediator:

    Look for specialized training and certification.

    While many mediators are generalists, it can be beneficial to choose a mediator who has specialized training and certification in commercial mediation. This can indicate that they have the necessary knowledge and skills to navigate the unique complexities of commercial disputes.

    Consider their experience.

    Experience is an important factor in selecting a mediator. Look for someone who has a proven track record of success in commercial mediation, ideally in your industry or field. Ask for references and check their professional background and experience.

    Check for impartiality.

    An impartial mediator is critical to the success of any mediation process. Make sure that the mediator you choose is neutral and has no conflicts of interest that could compromise their ability to remain unbiased. This can be particularly important in complex or emotionally charged disputes.

    Evaluate their communication and negotiation skills.

    A mediator needs to be an effective communicator, able to understand the needs and concerns of all parties involved and facilitate constructive communication. Strong negotiation skills are also important, as the mediator may need to help parties find common ground and reach a mutually agreeable solution.

    Look for someone who understands your business.

    Selecting a mediator who has experience in your particular industry or field can be beneficial. They will be familiar with the unique challenges and opportunities that arise in your business and may be able to offer insights and solutions that a generalist mediator may not be able to provide.

    Consider the logistics.

    When selecting a mediator, it is important to consider the practical details of the mediation process. This includes the mediator’s availability, location, and fees. Ensure that their availability aligns with your needs, that they are located conveniently for all parties, and that their fees are reasonable and transparent.

    In conclusion, selecting a qualified commercial mediator requires careful consideration of a variety of factors. By choosing a mediator with specialized training and experience, strong communication and negotiation skills, impartiality, and an understanding of your business, you can increase the likelihood of a successful outcome.

    For an experienced and qualified commercial mediator to help negotiate a resolution to your commercial dispute contact Ken Strongman. Here.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA. www.Finra.org  

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • Benefits of Mediation for Businesses of All Sizes

    Benefits of Mediation for Businesses of All Sizes

    The Benefits of Commercial Mediation for Businesses of All Sizes – pexels-fauxels-3183172

    Disputes and conflicts are an inevitable part of any business. However, commercial mediation provides an effective alternative to litigation that can help businesses of all sizes resolve disputes more efficiently and effectively.

    Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third-party facilitating negotiations between conflicting parties. In commercial mediation, a trained mediator with expertise in the specific area of conflict works with all parties to explore possible solutions and reach an agreement that satisfies everyone involved.

    One of the primary benefits of commercial mediation is cost savings. Unlike litigation, which can be lengthy, expensive, and public, mediation is generally much less expensive and can often be completed in just a few sessions, making it a cost-effective option for businesses of all sizes.

    Another significant advantage of commercial mediation is its ability to preserve relationships. Mediation allows parties to work together to find a mutually agreeable solution, which can help maintain or even strengthen relationships. This is particularly important for small businesses, where maintaining positive relationships with customers, suppliers, and partners is critical to long-term success.

    Mediation can also be a faster way to resolve disputes than litigation. This can be especially beneficial for businesses that need to resolve a dispute quickly to avoid disrupting operations or to prevent further financial or reputational damage.

    Finally, mediation offers businesses more control over the outcome of a dispute. This can result in more creative and flexible solutions that better meet the needs of all parties involved.

    In conclusion, commercial mediation is an effective and efficient way for businesses of all sizes to resolve disputes. It offers cost savings, preserves relationships, is faster than litigation, and gives parties more control over the outcome. With these benefits, businesses should consider mediation as a first option for resolving disputes before turning to litigation. By utilizing commercial mediation, businesses can save time and money while preserving relationships and achieving mutually agreeable solutions.

    For an experienced Mediator to help negotiate a resolution to your commercial dispute contact Ken Strongman. Here.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.  

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • Ethical Considerations of Mediation

    Ethical Considerations of Mediation

    Commercial mediation is a popular form of alternative dispute resolution that involves a neutral third-party mediator who helps parties in a commercial dispute reach a mutually acceptable resolution. Compared to litigation, mediation is quicker, more affordable, and more adaptable, making it a preferred option for many businesses. However, commercial mediation presents ethical considerations that must be addressed to ensure the process’s integrity and effectiveness.

    Neutrality

    Neutrality is a primary ethical consideration in commercial mediation. Mediators must remain unbiased throughout the mediation process, avoiding taking sides or showing favoritism toward any of the parties involved. They must not have any financial or personal stake in the outcome of the mediation, as such bias can undermine the process’s trust and fairness.

    Confidentiality

    Confidentiality is another critical ethical consideration in commercial mediation. Mediators must maintain the confidentiality of all information shared during the mediation, preventing any unauthorized disclosure to outsiders. This confidentiality enables parties to speak freely and explore options without fear of negative consequences. It also safeguards the parties’ interests and protects their reputation.

    Informed Consent

    Informed consent is also essential in commercial mediation. Mediators must provide a clear explanation of the mediation process and the mediator’s role to the parties involved, ensuring that they understand the possible outcomes and the advantages and disadvantages of settling the dispute through mediation. This helps parties make informed decisions and avoid being coerced or misled into making decisions that may not serve their best interests.

    Mediators must have the necessary qualifications and training to conduct commercial mediations effectively. This includes a comprehensive understanding of the commercial environment, including the legal and financial aspects of the dispute, and training in conflict resolution and mediation techniques.

    In conclusion, commercial mediation is a valuable alternative to litigation in resolving commercial disputes. However, ensuring the integrity and effectiveness of the process requires that mediators maintain neutrality, confidentiality, informed consent, and adequate qualifications and training. By adhering to these ethical considerations, mediators can ensure that parties can trust the process and reach mutually satisfactory agreements, benefiting all involved.

    For an experienced Mediator to help negotiate a resolution to your commercial dispute contact Ken Strongman. Here.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.  

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • How to Prepare for a Commercial Mediation

    Select a mediator – pexels-yan-krukov-7698744

    Commercial mediation can be an effective way to resolve disputes between businesses. It is a cost-effective and time-efficient way to settle disputes without having to go through the lengthy and costly court system. However, to ensure that your mediation session is successful, it is important to prepare adequately beforehand. Here are some tips on how to prepare for a commercial mediation session.

    Understand the Mediation Process

    Before you attend a mediation session, it is essential to understand how the process works. I as mediator, will act as a neutral third party to help the parties come to a mutually agreeable solution. The process will involve an opening session, private sessions with each party, and a closing session. Familiarize yourself with the process so you can understand what to expect and how to conduct yourself during the session.

    Know your Facts

    One of the most important things you can do to prepare for a mediation session is to gather all the necessary information and documents related to the dispute. Be prepared to present your case clearly and concisely to the mediator. This includes understanding the strengths and weaknesses of your position, as well as being able to identify potential solutions to the dispute.

    Define your Goals

    Before entering the mediation session, define your goals for the mediation. What do you hope to achieve from the session? Understanding your goals will help you to stay focused and on track during the mediation process. It will also help you to evaluate the success of the mediation session and determine if it was a good use of your time and resources.

    Consider Different Solutions

    As part of your preparation, consider different solutions to the dispute. This could include options for settlement, compromise, or other creative solutions that are mutually beneficial to both parties. Having a range of options to present during the mediation session can help to facilitate a quicker and more successful resolution.

    Choose a Skilled Mediator

    Finally, it is important to choose a skilled mediator, such as myself, who is experienced in commercial mediation. Look for a mediator who has a good reputation and who has successfully mediated disputes in the past. A skilled mediator can help guide the parties through the process, identify common interests, and help the parties reach a mutually agreeable solution. As such a mediator, please contact me to start the process of resolving your dispute.

    Preparing for a commercial mediation session is critical to achieving a successful outcome. By understanding the process, gathering the necessary information, defining your goals, considering different solutions, and choosing a skilled mediator, you can increase your chances of a successful mediation session. Mediation can be an effective way to resolve disputes and can help to maintain good business relationships between the parties involved.

    For an experienced Mediator to help negotiate a resolution to your commercial dispute contact Ken Strongman. Here.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • The Advantages of Commercial Mediation for Resolving Business Disputes

    Commercial mediation has become a widely accepted alternative to traditional legal proceedings for resolving business disputes. In a commercial mediation, parties work with a neutral third-party mediator, such as myself, to negotiate a mutually acceptable resolution. There are several advantages to this approach to conflict resolution that make it an attractive option for businesses and individuals alike.

    Faster Resolution

    Traditional court cases can take years to resolve, but commercial mediation sessions typically conclude within a few hours or days. This quick resolution to disputes is a major benefit for businesses seeking to resolve conflicts quickly and return to normal operations.

    Cost-Effective

    Commercial mediation eliminates costly court fees and the expenses associated with legal counsel, making it a more economical option for both parties involved in the dispute. This is especially beneficial for businesses that would prefer to build the busyness rather than pay legal fees.

    Confidential

    The confidentiality of the commercial mediation process allows parties to discuss sensitive information without fear of it becoming public. This open communication can encourage the parties to reach a resolution more quickly and help build trust. It also keeps proprietary information out of the public eye.

    Increased Control

    In traditional court proceedings, a judge makes the final decision, but in a commercial mediation, the parties have the power to make decisions about their own dispute and reach a mutually acceptable resolution. This increased control over the outcome can empower both parties and lead to a more positive and productive outcome.

    Amicable Process

    Encouraging open communication and dialogue through the mediation process can reduce tensions between the parties and foster a more positive and productive atmosphere. This amicable resolution to disputes can be especially important for businesses seeking to maintain positive relationships with customers, suppliers, or other stakeholders.

    The benefits of commercial mediation as a means of resolving business disputes include a faster resolution, cost-effectiveness, confidentiality, increased control over the outcome, and an amicable process. If you are involved in a business dispute, consider the advantages of commercial mediation and consult with me. My website is www.kpstrongman.com.

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman (www.kpstrongman.com) has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

     

  • When It’s Just the Attorney at the Mediation.

    When It’s Just the Attorney at the Mediation.

    At a seminar hosted by Gary Weiner, former Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had lively discussion about Provost v Regents, (2011) 201 Cal.App.4th 1289.

    I would like to focus on only one aspect raised by this case.  That is the ability of attorneys to participate in mediations on behalf of and in place of their clients.  In Provost, an attorney appeared for the Regents at the mediation and signed the term sheet for the Regents at the end of the mediation.  The ability for the attorney to bind the Regents to a settlement was raised upon appeal.

    The court found that the attorney was an employee of the Regents’ General Council office and was assigned to the case by the Regents’ General Council and vice president of Legal Affairs.  Also, the Regents’ ‘by-law 21’ makes the General Council an officer.   The attorney was also ‘fully familiar with the case and understood the seriousness and finality of settling’ within the Regents’ guidelines.  To top it off, the Court concluded that since the Regents’ did approve the settlement at a later date, they had given the attorney full authority to settle.

    It is very important to ensure that any attorney appearing at mediation for and in place of their client, have real authority to settle the dispute.   As a mediator, I make sure that there is adequate evidence that the attorney has authority to settle the dispute up to the demand of the other side.

    I learned this lesson the hard way early in my mediation practice.  An attorney appeared without her client and claimed fully authority to settle the case.  It turned out that the authority she had was to accept a dismissal with prejudice of the entire case and the ability to issue a promise not to sue for malicious prosecution.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • What do good mediators do?

    What do good mediators do?

    • A mediator quickly gets all sides to build trust in the mediator so that:  They believe and understand what I need to accomplish with them at the mediation. As mediator, I’m their new best friend by the end of the mediation session so that I can persuade them to do things in their best interest and to listen to me as a mediator.
    • A mediator manages the process so power is not considered to be one sided.
    • A mediator is a good listener so that ever one is heard.
    • Conversely, a mediator is selectively deaf to comments that are counter productive.  A good mediator re-formats the incendiary comments to keep the processing moving forward.
    • A mediator makes all sides aware of the needs and motivations of the other side.
    • A mediator educates all parties to their opponent has reasonable needs and motivations.  I start this process before the mediation and continue it through to resolution of the dispute.
    • A mediator educates each side on the worst case scenario if there is no resolution to the dispute.
    • A mediator will use what ever means is reasonably necessary to resolve the conflict.
    • A mediator helps all of the parties to resolve the dispute.

    For an experienced Mediator to help negotiate a resolution to your dispute contact Ken Strongman. Here.

    good Mediator
    Ken Strongman, Mediator

    About 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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • 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?

    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 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.

    What important understanding did you think you had when you originally got involved together? This is the understanding from at least from your own point of view.  These can include working conditions, responsibilities, which one was to make the final decisions, time, money, rights, duties and working conditions.

    You developed or already had a relationship with the other party.  At some point it was a good relationship.  Why did you think it was a good relationship?

    This is obviously important if the subject matter of the dispute is commercial.  In other words it is based on a contract, lease, employment, insurance, agreement to buy, etc. It is still important even if the dispute is not based upon contract.  For example it could be based on a family relationship.   It even goes beyond that to personal injury and intellectual property disputes.  For example, when you enter a grocery store, it is usually your understanding that you will not slip on a banana peal.  Likewise, when you create something, you expect to receive credit for the creation.

    Therefore, it is always important to understand your expectations at the beginning.  Without that understanding, it will be difficult to create a solution that is satisfying.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • What’s wrong with the other side’s case?

    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 to complete and to discuss with their council and the mediator before the mediation.

    These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

    What’s wrong with the other side’s case?

    Now is your attorney’s opportunity to turn the introspection of your own case on its ear.  You need to list everything that is wrong with your opponent’s case.   You need to review this confidentially with the mediator.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.