Ken Strongman, Esq. – Mediator

Tag: Commercial Mediation

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.

July 20, 2023
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.

July 13, 2023
Future of Mediation in Conflict Resolution
Future of Mediation – pexels-christina-morillo-1181406

Conflict is an inevitable part of human interactions, and it is vital to find a way to resolve conflicts to prevent them from escalating and causing more significant problems. For many years, litigation has been the go-to approach for resolving conflicts. However, over the past few decades, commercial mediation has gained popularity as an alternative dispute resolution method. Mediation involves a neutral third party who assists parties in reaching an agreement that suits their interests, without having to go through the lengthy and costly litigation process.

As we move into the future, commercial mediation is expected to play a more significant role in conflict resolution. Here are some of the reasons why:
1. Efficiency
One of the primary advantages of commercial mediation is its efficiency. Mediation allows parties to resolve their disputes quickly and with minimal costs compared to litigation. In the future, as businesses become more complex, and the number of disputes continues to rise, mediation will be a critical tool in resolving conflicts.
1. Confidentiality
Confidentiality is another significant benefit of mediation. Unlike litigation, where court proceedings are open to the public, mediation is a private process. The confidentiality of mediation encourages parties to be more open and honest about their concerns and interests. This allows for a more productive discussion that can lead to a mutually beneficial resolution.
1. Flexibility
Mediation is also a flexible process that can be customized to fit the needs of the parties involved. In the future, as businesses become more diverse and operate in different parts of the world, the flexibility of mediation will be essential in resolving disputes between parties from different cultures and backgrounds.
1. Sustainability
Another benefit of mediation is its sustainability. Mediation allows parties to maintain their relationship and work together towards a mutually beneficial outcome. In the future, as sustainability becomes a more critical issue, mediation will be a valuable tool in resolving disputes while preserving relationships and promoting long-term collaboration.
1. Technology
Finally, technology will play a crucial role in the future of commercial mediation. With advancements in technology, mediation can be conducted remotely, making it more accessible and convenient for parties in different parts of the world. In addition, technology can help to streamline the mediation process, making it more efficient and cost-effective.

The future of commercial mediation in conflict resolution is bright. Mediation is an efficient, confidential, flexible, sustainable, and technology-driven process that can help parties resolve their disputes in a mutually beneficial way. As businesses become more complex and global, the need for alternative dispute resolution methods like mediation will continue to grow. The use of mediation can help to reduce the burden on courts, promote sustainable business relationships, and ultimately save time and money for all parties involved.

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

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.
June 22, 2023
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.

June 15, 2023
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.

May 25, 2023
Process of Commercial Mediation

The Process – pexels-khwanchai-phanthong-4175023.jpg

Commercial mediation is a process of resolving disputes that arise in business transactions. It involves a neutral third-party mediator, such as myself, who facilitates negotiations between parties in conflict to arrive at a mutually acceptable resolution. Mediation is a flexible process that allows parties to explore various options for resolving disputes, and it is often faster, less expensive, and less formal than litigation.

If you are considering commercial mediation to resolve a dispute, it is essential to understand the process involved. In this blog post, I will walk you through the process of commercial mediation.

Pre-mediation

The first step in commercial mediation is pre-mediation. At this stage, the mediator and the parties involved will hold preliminary discussions to determine whether mediation is the right option for resolving the dispute. They will also discuss the logistics of the mediation process, such as scheduling, location, and fees.

Mediation agreement

Once the parties agree to mediate, the mediator will prepare a mediation agreement. This document outlines the ground rules for the mediation process, including the role of the mediator, the confidentiality of the process, and the commitment of the parties to participate fully in the process.

Opening Statements

At the beginning of the mediation session, the mediator will make an opening statement, explaining the mediation process and the role of the parties involved. The parties will also have the opportunity to make opening statements, outlining their position on the dispute.

Negotiation

The negotiation phase is the most critical part of the mediation process. The parties will engage in discussions, facilitated by the mediator, to explore possible solutions to the dispute. The mediator will help the parties identify areas of agreement and areas of disagreement and guide them toward a resolution that is acceptable to all parties.

Settlement agreement

Once the parties reach a mutually acceptable resolution, the parties will prepare a settlement agreement. This document outlines the terms of the agreement and is binding on all parties involved. The settlement agreement is a legally binding document and can be enforced in court if necessary.

Follow-up

After the mediation process, the mediator may follow up with the parties to ensure that the settlement agreement is being implemented as agreed. This is an essential step to ensure that the parties’ rights are protected and the dispute is fully resolved.

Commercial mediation is an effective way to resolve disputes in a timely, cost-effective, and collaborative manner. By understanding the mediation process, you can approach mediation with confidence and work toward a mutually acceptable resolution to your dispute. If you are looking for a quick and efficient way to resolve your business dispute, commercial mediation may be the solution for you.

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.

May 18, 2023
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.

April 27, 2023
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.4^th 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.

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.

June 16, 2022
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.

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.
June 9, 2022
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.

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.

June 2, 2022