Ken Strongman, Esq. – Mediator

Tag: conflict resolution

  • 10 Ways Attorneys Sabotage Mediation (and How to Avoid Them)

    10 Ways Attorneys Sabotage Mediation (and How to Avoid Them)

    Attorneys Sabotage Mediation

    Attorneys can unintentionally derail the resolution process during mediation. In “10 Ways Attorneys Sabotage Mediations (and How to Avoid Them)”, we explore common missteps—like unrealistic expectations or ignoring the mediator’s guidance—and provide actionable strategies to keep negotiations on track. Here’s how to identify and avoid these pitfalls for more successful outcomes. 

    1. Aggressive or Hostile Behavior

    How It Sabotages: An adversarial stance escalates tension and hinders constructive dialogue. 

    How to Avoid It: Attorneys should focus on collaboration, maintain professionalism, and prioritize shared interests over rigid positions. 

    1. Lack of Preparation

    How It Sabotages: Poor preparation leads to misinformation, wasted time, and unmet expectations. 

    How to Avoid It: Attorneys must thoroughly prepare by gathering key documents, understanding client goals, and crafting negotiation strategies in advance. 

    1. Failure to Listen

    How It Sabotages: Missing critical information or signals can derail the negotiation process. 

    How to Avoid It: Actively listening, seeking clarification, and validating opposing parties’ concerns fosters trust and ensures progress. 

    1. Unrealistic Expectations

    How It Sabotages: Setting unattainable goals can lead to client frustration and stalled negotiations. 

    How to Avoid It: Manage client expectations with honest assessments of risks, potential outcomes, and alternatives. 

    1. Inflexibility

    How It Sabotages: Refusing to deviate from a set position limits opportunities for compromise. 

    How to Avoid It: Stay open-minded and explore creative solutions to achieve mutually beneficial outcomes. 

    1. Excessive Focus on Legal Arguments

    How It Sabotages: Overemphasizing legal precedent overlooks practical solutions and underlying interests. 

    How to Avoid It: Balance legal considerations with a focus on workable resolutions that satisfy all parties. 

    1. Lack of Empathy

    How It Sabotages: Failing to understand or acknowledge opposing perspectives undermines trust and rapport. 

    How to Avoid It: Attorneys should practice empathy by considering the emotions and viewpoints of all parties involved. 

    1. Failure to Control Emotions

    How It Sabotages: Letting emotions take over escalates conflict and derails negotiations. 

    How to Avoid It: Attorneys should stay calm, manage emotions professionally, and prioritize constructive communication. 

    1. Inadequate Client Communication

    How It Sabotages: Misunderstandings and distrust can arise from poor attorney-client communication. 

    How to Avoid It: Ensure regular, clear communication about the mediation process, client options, and realistic outcomes. 

    1. Ignoring the Mediator’s Guidance

    How It Sabotages: Disregarding mediator input prolongs conflict and undermines the process. 

    How to Avoid It: Respect the mediator’s role and consider their suggestions as valuable tools for resolution. 

    By recognizing these pitfalls and implementing these preventive strategies, attorneys can improve the mediation process, ensuring more effective and successful resolutions.

    Ready to make your mediation process more effective? Trust Ken Strongman, an experienced mediator, to guide your negotiations and achieve successful resolutions. Contact Ken today to ensure a smooth and productive mediation experience!

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #Securities #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2025 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Discover the Choices You Gain by Hiring a Mediator

    Discover the Choices You Gain by Hiring a Mediator

    Unlock the power of choices in dispute resolution!

    What you are really buying are choices when you hire me as your mediator. Imagine navigating a complex dispute with the guidance of an experienced, neutral third party. Picture yourself working through personal, economic, and even spiritual needs with someone who serves as an objective sounding board. My role as a mediator is to help you evaluate which dispute resolution process will best meet your needs, ultimately providing you with a clear path forward. This is just the beginning of what you receive when you invest in mediation services.

    When you hire me, you are investing in a professional who offers unbiased opinions and impressions on your case. Think of me as “your first juror,” assessing the existing information and evidence, and identifying what may be missing. My feedback provides you with a comprehensive understanding of the strengths and weaknesses of your position, helping you to prepare more effectively for potential outcomes.

    Moreover, mediation offers you the opportunity to become more informed about the risks and benefits of resolving or litigating your dispute. Understanding these aspects can significantly impact your decision-making process, enabling you to weigh your options more clearly. This informed perspective is crucial when deciding the best course of action, whether it’s settling the dispute or proceeding with litigation.

    Mediation also provides a platform to address and resolve differences of opinion or expectation between various parties involved. Whether the dispute is between you and your client, you and other professionals, or between multiple clients such as business partners, mediation facilitates open communication and mutual understanding. This can lead to more harmonious relationships and collaborative solutions, which are often more sustainable in the long term.

    In addition to these tangible benefits, mediation offers many intangible advantages that are unique to your particular dispute. My experience as a neutral party allows me to bring insights and perspectives that may not be immediately apparent. These insights can be pivotal in uncovering underlying issues and finding creative solutions that satisfy all parties involved.

    The primary reason clients hire me as a mediator is my proven ability to help resolve disputes. However, it’s important to remember that mediators don’t settle cases—parties do. My expertise lies in guiding all involved parties to a point where new, real, and often challenging choices emerge. These choices are the cornerstone of the mediation process. You are then empowered to evaluate these options in light of the insights gained during mediation and choose the one that offers the most complete resolution for your situation.

    As we reach this point, whether you decide to accept a proposed settlement or continue toward litigation, you will have received true value for your investment. The choices created through mediation are designed to bring about the most satisfactory resolution possible, ensuring you feel confident and informed in your decisions.

    Now that you understand the profound impact mediation can have on your dispute resolution process, take the next step toward achieving a complete resolution. Engage with me, Ken Strongman, as your mediator, and discover the power of choices in bringing clarity and closure to your disputes. Contact me today to start your journey toward a more informed and empowered resolution.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • A Guide to Successful Commercial Mediation: Preparing for Resolution

    A Guide to Successful Commercial Mediation: Preparing for Resolution

    Commercial Mediation: Preparing for Resolution
    Commercial Mediator – pexels-khwanchai-phanthong-4175023.jpg

    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.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Navigating Conflict: Unveiling the Power of Perceptions

    Navigating Conflict: Unveiling the Power of Perceptions

    Power of Perceptions

    In the tumultuous landscape of conflicts, one-word echoes louder than the rest: Perceptions. They weave through the fabric of every disagreement, dictating our understanding, reactions, and solutions. Just as a prism refracts light into a spectrum of colors, perceptions refract reality into a myriad of interpretations, guiding our paths through the maze of discord. Let’s delve deeper into the intricate role perceptions play in the complex dynamics of conflict.

    Perceptions form the cornerstone of any conflict, serving as the lens through which individuals view the world around them. As humans, we interpret reality through the unique filter of our own experiences, beliefs, and values. Whether it’s the severity of a problem, its underlying causes, or its potential consequences, perceptions shape our understanding at every turn. From the moment a conflict arises, perceptions assert their influence, coloring our interactions and shaping the trajectory of resolution.

    Consider the scenario: two parties embroiled in a heated debate over a contentious issue. Each holds steadfast to their perspective, convinced of the righteousness of their cause. Yet, beneath the surface lies a chasm of differing perceptions, fueled by personal biases, cultural backgrounds, and past experiences. What one perceives as a minor inconvenience, the other views as a grave injustice. In this clash of perceptions, the seeds of conflict find fertile ground to take root and flourish.

    Moreover, perceptions extend beyond individual viewpoints to encompass a broader spectrum of influences. Geographic locations, historical contexts, religious beliefs—each adds another layer to the intricate tapestry of perceptions that shape our understanding of the world. As we sit at the table of conflict resolution, these diverse perspectives converge, each vying for recognition and validation.

    In the realm of conflict resolution, the art of reframing emerges as a potent tool for navigating the maze of perceptions. By shifting the frame through which a problem is viewed, mediators can challenge entrenched perceptions, opening the door to new possibilities and avenues for resolution. Through thoughtful dialogue and empathetic understanding, they guide parties towards a shared reality—one where perceptions no longer divide, but unite in pursuit of common ground.

    As we reflect on the myriad conflicts that engulf our world, it becomes evident that perceptions wield immense power—power to divide or unite, to inflame passions or foster empathy. In embracing the diversity of perceptions that shape our experiences, we pave the way for meaningful dialogue and sustainable solutions.

    In conclusion, let us not underestimate the transformative potential of perceptions in the landscape of conflict. As we strive for resolution, let us heed the call to embrace empathy, understanding, and the willingness to challenge our own perceptions. Only then can we navigate the turbulent waters of conflict towards a horizon of peace and reconciliation.

    Call to Action: Are you embroiled in a conflict that seems insurmountable? Reach out to Ken Strongman, an experienced mediator, to guide you towards a resolution grounded in understanding and empathy. Your journey towards peace begins today.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Persuasion: Unlocking Minds with Detailed Explanations

    Persuasion: Unlocking Minds with Detailed Explanations

    Transformative Persuasion: Unlocking Minds with Detailed Explanations
    Transformative Persuasion: Unlocking Minds with Detailed Explanations

    Engaging in transformative persuasion is not merely an art form but a dynamic process that shapes the contours of discourse. At its core lies a powerful key: “Explain yourself.” This phrase, often overlooked amidst the cacophony of arguments, holds the potential to unravel entrenched beliefs and foster understanding. Join us on a journey through the realm of persuasion as we unveil the transformative power of detailed explanations.

    Persuasion is the process of changing minds. It’s an everyday phenomenon woven into the fabric of human interaction. From sales pitches to familial debates, persuasion permeates our lives. Yet, within the context of mediation, it becomes a nuanced dance, a delicate balance of influence and understanding. However, coercion and manipulation find no home here. Instead, a range of mediator interventions is employed to facilitate resolution without undue pressure. But how do we navigate the murky waters of conflicting perspectives?

    Enter “the illusion of explanatory depth,” a concept unearthed by Yale researchers Leonid Rozenblit and Frank Keil. Their groundbreaking work revealed how individuals often overestimate their understanding of complex subjects. This cognitive shortcut, dubbed the “cognitive miser” theory, allows us to navigate the world without delving into the depths of comprehension. Yet, it also blinds us to our superficial grasp of reality.

    However, there is hope amidst this cognitive fog. Philip Fernbach and his team at the University of Colorado devised a novel approach to bridge ideological chasms. By prompting individuals to explain the causal pathways of their beliefs, they discovered a profound shift in perspective. Detailed explanations not only softened entrenched views but also deepened understanding. It’s a revelation that speaks to the transformative potential of active listening and reasoned discourse.

    As we navigate the labyrinth of persuasion, let us remember the power of explanation. In a world fraught with discord, understanding is the beacon that guides us toward resolution. So, the next time you find yourself embroiled in a battle of ideologies, remember the key phrase: “Explain yourself.”

    In the pursuit of resolution, every voice matters. If you find yourself entangled in a conflict, consider reaching out to Ken Strongman, an experienced mediator dedicated to fostering understanding and facilitating consensus. Together, let us embark on a journey toward harmony and mutual understanding. Contact Ken Strongman today to unlock the transformative potential of mediation.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Mediation: Navigating Post-Dispute Relationships

    Mediation: Navigating Post-Dispute Relationships

    Strategizing Beyond Mediation: Navigating Post-Dispute Relationships
    Strategizing Beyond Mediation: Navigating Post-Dispute Relationships

    Embarking on the journey of dispute resolution is akin to navigating uncharted waters. Yet, the true measure of success lies not solely in the resolution day but extends far beyond, into the realm of post-dispute relationships. In this dynamic process, one crucial question emerges: “How are you going to deal with them after the dispute?” This question underscores the intricate dance of negotiation and strategy required for enduring resolutions.

    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.

    How are you going to deal with them after the dispute?

    The easy answer to this question is that ‘I never want anything to do with them again.’ If the dispute is an automobile accident, then that might work as an answer. But if your opponents are commercial suppliers, customers, fellow businesses in a limited market, employees or employers, neighbors, and even family, the question becomes a lot more challenging.

    I have mediated boundary line and other disputes between neighbors. It becomes a lot more difficult to resolve when both neighbors realize that they will still be living next door to each other for possibly decades. I have also mediated disputes with family-owned businesses. They had to take into account the likelihood of having to sit down for Thanksgiving dinner with each other. There were also the unintended impacts on other family relationships that were not in dispute. Commercial enterprises need to evaluate the publicity of the dispute and the possible need for an ongoing business relationship now and in the future.

    Carefully list and count the costs regarding different solutions to the dispute. Might there be a better settlement that reduces future conflict? Also evaluate the costs of litigating the dispute to its conclusion on the future relationship to your opponents.

    Navigating the complexities of post-dispute relationships requires foresight, strategy, and skilled mediation. As you embark on this journey, consider engaging with me, a seasoned mediator, to guide you through these uncharted waters with precision and expertise. Take proactive steps today to ensure harmonious tomorrows – reach out to me and embark on the path to lasting resolutions.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Empowering Mediation: Mediators are not Neutral

    Empowering Mediation: Mediators are not Neutral

    Mediators are not neutral
    Mediators are not Neutral

    In the dynamic world of mediation, the term “neutral” has long been a cornerstone descriptor, yet its connotations often fall short of capturing the true essence of a mediator’s role. As a pivotal figure in resolving conflicts, mediators grapple with the expectations of neutrality imposed by courts and clients alike. However, a closer examination reveals that the notion of being “neutral” can inadvertently undermine the proactive engagement and advocacy integral to effective mediation. Join me on a journey to unpack this paradigm, as we delve into the nuances of active advocacy within the realm of dispute resolution.

    “I’m tired of being called a Mediation Neutral.” In the realm of mediation, the label of being a “neutral” has become commonplace. Yet, this term fails to encapsulate the dynamic and proactive nature of a mediator’s role. While courts and clients may expect neutrality, the concept poses challenges, particularly in European contexts where linguistic nuances shed light on its limitations. For instance, in German, “neutral” translates to “null,” implying a lack of value or significance. This linguistic discrepancy underscores the need for a more robust descriptor that embodies the multifaceted responsibilities of a mediator.

    Enter the concept of being “parcel to everyone equally.” This phrase encapsulates a fundamental shift in perspective, emphasizing active advocacy and impartiality in equal measure. Rather than passively occupying a neutral stance, mediators actively advocate for fairness, equity, and just solutions. By acting in the best interests of all parties involved, mediators transcend the limitations of neutrality, striving to foster an environment conducive to constructive dialogue and resolution.

    Embracing this proactive approach entails advocating for a just solution to the dispute while remaining attentive to the interests of all parties. Far from being passive observers, mediators serve as catalysts for positive change, guiding parties towards mutually beneficial outcomes. This shift in mindset reframes the role of the mediator from a mere “null” to a dynamic force for equity and resolution.

    In essence, mediators are not mere bystanders but active participants in the quest for justice and reconciliation. By embodying the principles of active advocacy, mediators empower parties to navigate conflicts with integrity and empathy. Rather than relegating mediation to a passive exercise, embracing active advocacy imbues the process with purpose and efficacy.

    In conclusion, the evolution of mediation demands a paradigm shift towards active advocacy and engagement. As we navigate the complexities of conflict resolution, let us challenge the notion of neutrality and embrace a more proactive approach. I invite you to join me in this journey towards empowered mediation, where every voice is heard and every solution is just. For transformative mediation services that prioritize active advocacy and equitable outcomes, reach out to Ken Strongman today. Together, let us pave the way for a future of empowered resolution and lasting peace.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Listening Is the Best Way to Resolve Conflicts

    Listening Is the Best Way to Resolve Conflicts

    In a world often mired in discord and disagreement, the art of active listening emerges as a beacon of hope, illuminating the path towards

    Listening Is the Best Way to Resolve Conflicts

    resolution and understanding. “Listening is the best way to resolve conflicts,” asserts Ken Strongman, a seasoned mediator.

    The better the information you have, the greater your chances of finding a workable solution. Listen carefully to what others are saying, not judging until you hear everyone’s story. Be aware of tone of voice, body language, and other clues. Understand what each person is expressing – what they want and what they are willing to do to get there. Then clarify that the solution lies with all parties.

    In the intricate dance of conflict resolution, active listening takes center stage, offering a conduit for genuine understanding and empathy to flow. Each word spoken, each nuance observed, serves as a vital piece in the puzzle of reconciliation. By heeding Ken Strongman’s advice to listen without prejudice, we open ourselves to a wealth of perspectives, paving the way for collaborative problem-solving and mutual respect to flourish.

    Listen carefully to what others are saying without judgment until you have everyone’s side of the story. Clarify what you have heard and then re-frame it back to each party. Remember the solution lays with both parties not you.

    As we embark on the journey towards resolution, it becomes evident that the path is not always smooth sailing. Yet, armed with the potent tool of active listening, we possess the means to navigate the turbulent waters of conflict with grace and efficacy.

    In the realm of conflict resolution, the power of active listening knows no bounds. As you embark on your own journey towards resolution, remember to heed the invaluable advice of Ken Strongman: listen with intent, speak with empathy, and embrace the path of collaboration. For those seeking guidance through the maze of conflict, reach out to Ken Strongman today, and take the first step towards a future defined by harmony and understanding.

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society. https://www.themediationsociety.org/

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • The Role of a Commercial Mediator

    The Role of a Commercial Mediator

    commercial mediator
    Commercial Mediator – pexels-khwanchai-phanthong-4175023.jpg

    In today’s business world, disputes and conflicts are a common occurrence. When parties in a commercial dispute cannot find a resolution on their own, they often turn to a commercial mediator for assistance such Ken Strongman. As a commercial mediator he is a neutral third party who facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. This blog post will discuss the role of a commercial mediator and how they can benefit your business.

    The Role of a Commercial Mediator

    The role of a commercial mediator is to help parties in a dispute reach a resolution that is mutually acceptable. The mediator does not take sides or make decisions for the parties. Instead, they facilitate communication and negotiation between the parties to help them find common ground. A commercial mediator’s role is to listen to both parties’ concerns and guide them towards finding a solution that meets their needs.

    Benefits of Using a Commercial Mediator

    Using a commercial mediator has many benefits for businesses. Here are a few:

    Saves Time and Money

    Commercial mediation is typically less expensive and time-consuming than going to court. Mediation can be scheduled at a time that is convenient for all parties involved, and it is often resolved within a few sessions.

    Preserves Relationships

    Mediation can help preserve business relationships that might otherwise be destroyed by the dispute. Since mediation focuses on finding a mutually acceptable solution, it is often easier for parties to continue working together after the dispute is resolved.

    Confidentiality

     Mediation is a private process, and the parties can agree to keep the details of the dispute confidential. This can be particularly important for businesses that want to avoid negative publicity or damage to their reputation. Confidentiality is enforced by law.

    Control

    Parties in mediation have more control over the outcome than they would in court. In mediation, the parties have the power to craft a solution that meets their unique needs and interests.

    Conclusion

    Commercial mediation is a valuable tool for businesses that are involved in a dispute. My role as a commercial mediator is to help parties communicate and negotiate in a way that leads to a mutually acceptable solution. By using a commercial mediator, such as myself, businesses can save time and money, preserve relationships, maintain confidentiality, and retain control over the outcome. If your business is involved in a dispute, consider using a commercial mediator like Ken Strongman, to help you find a resolution.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #construction #legal #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • The Advantages of Commercial Mediation for Resolving Business Disputes

    The Advantages of Commercial Mediation for Resolving Business Disputes

    Commercial Mediation
    Commercial Mediation artem-podrez-8518720

    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 Ken Strongman..

    About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #legal #litagation #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.