Tag: Ken Strongman
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Task #19: What evidence can you bring to the mediation that will be credible to them and will help them see your point of view?
Task #19: Credible evidence? What evidence can you bring to the mediation that will be credible to them and will help them see your point of view? 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…
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Who should attend the mediation?
Who Should Attend the Mediation? All parties involved in the interactions that gave rise to the dispute should be involved in the mediation. This helps me, as mediator; crystallize with the parties exactly what happened. A party may also be more candid with me when they know they may be faced with others who know…
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Electronic Discovery within FINRA Arbitration
Electronic Discovery within FINRA Arbitration Although documents may be stored electronically, electronic files are still considered “documents” within the meaning of the FINRA Discovery Guide, and the arbitrators will decide any dispute that arises concerning the form in which a document will be produced. Despite the changes in the scope of discovery and the challenges…
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Task #18: Do you believe that they might owe you something specifically to restore or compensate for the betrayal, bad faith, or loss of confidence?
Task #18: Do you believe that they might owe you something specifically? Do you believe that they might owe you something specifically to restore or compensate for the betrayal, bad faith, or loss of confidence? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs…
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Why did the mediator stop the mediation without resolving the dispute?
Why did the mediator stop the mediation without resolving the dispute? As valuable as it is for me, as mediator, to know how to move a dispute to resolution, it is equally important, if not more so, for me to recognize when a dispute isn’t prepared for resolution and how to move it in the…
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Confidentiality and Discovery within FINRA Arbitration
Confidentiality and Discovery within FINRA Arbitration Within a FINRA Arbitration, If a party objects to document production on grounds of privacy or confidentiality, arbitrators or one of the parties may suggest a stipulation between the parties that the documents in question will not be disclosed or used in any manner outside of the arbitration of…
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Task #17: How do you evaluate the betrayal, bad faith or loss of confidence?
Task #17: How do you evaluate the betrayal, bad faith or loss of confidence? 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…
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If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?
If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased? Absolutely not! I as mediator form opinions on many issues for many reasons. One of the primary things I do as mediator is to help you to evaluate the pros and cons of your position in a dispute…
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FINRA’s Initial Prehearing Conference
To maximize the efficient administration of a case by the panel, FINRA schedules an Initial Prehearing Conference (IPHC). The IPHC will normally be held by telephone. FINRA will notify the parties and arbitrators of the date and time of the IPHC at least 20-days prior to the phone conference. At the conference, the panel will…
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Arbitration, then Mediation, a way to blend them both.
Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street. You conduct a mediation to settle a law suite. Nothing could be further from the truth. There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or…