Ken Strongman, Esq. – Mediator

Tag: Business Mediation

  • FAQ: When Does Mediation Really Start?

    When does mediation start? People tend to believe that mediation begins when all concerned parties meet in the mediation room and take their places at the mediation table.  Mediation begins when disputing parties agree to participate in a private mediation or when a Judge suggests that they attempt mediation. Pre-mediation This pre-mediation phase is frequently…

  • FAQ: What are some the qualifications of a good mediator? Part I

    I have often been asked what the qualifications of a good mediator are. My answer is self serving but true. I have worked hard to make sure that I am the best qualified to mediate a case. Remember it is not bragging if true. So as to not bore you with all of the qualifications…

  • FAQ: What is the format of a mediation?

    What is the format of a mediation? What is the format of a mediation? The process is entirely flexible and will depend on the mediator and the parties’ preferences. In general terms, it is preferable that position papers are exchanged in advance. Depending on what stage in the dispute the mediation takes place, it may…

  • Social Media Marketing & the Legal Professional

    Project Social Media Project Social Media presents my thoughts regarding the impact of social media marketing on the practice of law. When I first started my mediation practice, out of necessity I was forced to research and learn how to use social media to market my practice. My learning process has been pretty much trial…

  • FAQ: Can you settle a case after a jury has decided a case?

    Can you settle a case after a jury has decided a case? As part of my full spectrum of dispute resolution services, I offer Appellate Mediation. My considerable experience in this area started in 2007.  I currently serve on the mediation panels for the First and Third Districts of the California Court of Appeal.  In…

  • FAQ: How to propose mediation?

    A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a willingness to explore the possibility of…

  • FAQ: How to propose mediation?

    How to Propose Mediation – Options A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a…

  • FAQ: Why you might not mediate?

    To Mediate or Not? The key issue is whether a party is ready to seriously attempt a negotiated settlement. If a party is insisting on pre-conditions to a mediation or sees the mediation as an opportunity to “send a message” rather than an opportunity to resolve, then there may be little prospect that a successful…

  • FAQ: When is mediation appropriate?

    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…

  • FAQ: What is the role of the mediator?

    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…