Tag: Ken Strongman
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I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do?
I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? I want to resolve the dispute, but the other party’s demands are unreasonable. What should I do? Don’t let yourself get stuck refusing to make what you believe is a reasonable settlement offer or demand based on your…
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Challenging the Arbitrator: Challenge for Cause
Challenging the Arbitrator: Challenge for Cause In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…
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Evaluate the trust and goodwill that supported your original agreements.
Task #15: How did you evaluate the trust and goodwill that supported your original agreements? 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…
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I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court?
I’ve been in mediation and there was so much conflict that nothing got done. Wouldn’t I be better off just going to court? This is an option, but you may not resolve your dispute. Mediation is not about coming to the table as friends to avoid conflict and confrontation, as many professionals would have you…
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With the right tools we can handle more conflict.
Mediation is conflict at its best. All of the tools, I, as a mediator brings to the mediation help manage the conflict to a great resolution. Management expert Margaret Heffernan postulated five counterintuitive guidelines learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Her insight has great implications for successful mediations. …
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Challenging the Arbitrator: Motions to Recuse
Challenging the Arbitrator: Motions to Recuse In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…
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Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition
Starlings v Blueberries – Last Friday’s ABA Representation in Mediation Competition Last Friday I participated in the ABA Representation in Mediation Competition. I was one of the judges of the competition. It was a two day event held at Berkeley Law in Boalt Hall at the University of California, Berkeley Campus. As Alternative Dispute Resolution…
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In Conflict, it is never a bad idea to have a cooling off period
Margaret Heffernan final counterintuitive idea to encourage healthy conflict would be after a decision is made, declare a cooling off period. Her suggestion is to ask everyone to go home and think about the decision on their own as well as discuss it with their associates. Then come back after a prescribed amount of time…
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The Role of the Arbitrator: Duty to Disclose
Role of the Arbitrator: duty to disclose Arbitrators must be impartial in both appearance and in fact. Therefore, they have a duty to disclose. Arbitrators submit detailed biographical information at the time they join FINRA’s arbitrator roster. The information collected from the application is compiled to create an Arbitrator Disclosure Report (Disclosure Report). During the…
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Why I joined the ADR section – article
Here is the article that was just published in the Contra Costa Lawyer, Volume 26, Number 1- January 2013. I am starting an exciting years as Chair of the ADR Section of the Contra Costa Bar Association. Meet Your Section Leaders – Alternative Dispute Resolution How has section membership benefited your practice? I joined the…