Tag: Ken Strongman

  • Happy New Year – Again we’ve survived a bunch of apocalypses.

    I had to look up the plural of apocalypse.  On Google one commentator questioned the need for the plural form.  If apocalypse is defined as the end of the world, how could you have several ends of the world?  Obviously this commentator has not been watching the news. History is littered with doomsdays that have…

  • Why Christmas?

    Today we celebrate the birth of Jesus Christ, God Incarnate Deity.  We celebrate it on December 25th, not because it is his real birthday.  We celebrate it today the same way the British celebrate the Queen’s birthday in June and Mother’s Day is in May.  It’s a good day to do it.  Why our ancestors…

  • Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own.

    Task #14: Looking at the previous two questions, where do you think THEIR perspective differs from your own. Looking at the previous two questions below, where do you think THEIR perspective differs from your own. Task #12:  What important understanding did you think you had when you originally got involved together? Task #13: In a…

  • Listen for what is NOT being said.

    Listen for what is NOT being said Listen for what is NOT being said is counter-intuitive, but very important.  You need to find the elephant in the room.   Listening for what is not being said is the primary job of the mediator.  What we do is listen, clarify and re-frame.  We may notice trends that…

  • Ethical Reasons Not to Accept Appointment as an Arbitrator

    Ethical Reasons Not to Accept Appointment as an Arbitrator There are ethical reasons not to accept appointment as an Arbitrator It is important to know when to say no.  If an arbitrator has any doubt about whether they can be fair or impartial, the arbitrator should decline the appointment. For example, an arbitrator should refuse…

  • How to stay on the cutting edge of mediation

    How to stay on the cutting edge of mediation The cutting edge of mediation. Recently, I wrote an article for our local Bar Association Journal on why someone would want to join the ADR section of the Bar.  As the new Chair of the ADR section, was also needed to describe how membership has benefited…

  • Task #13: In a dispute, how did the relationship change?

    Task #13: In a dispute, how did the relationship change? How did the relationship change? 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…

  • Find Allies in Your Opponent in a Conflict.

    Find Allies in Your Opponent in a Conflict. Find Allies:  Management expert Margaret Heffernan postulated this counter intuitive idea learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Naturally, the first ally you should seek is your mediator.  As a mediator, it is my job to be your ally and to…

  • Arbitrator’s Duty to Avoid Potential Conflicts

    Arbitrator’s Duty to Avoid Potential Conflicts Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is…

  • Mediation outside the USA in Europe – the differences

    Mediation Outside the USA in Europe My Mediation Society Colleagues, Bruce Edwards, Patrice Prince and Dana Curtis shared their observations on Mediation in Europe at a recent breakfast meeting. They attended the International Summer School on Business Mediation in Admont, Austria this last summer.  Here are some of their observations European Mediation from my notes:…