Tag: Ken Strongman

  • Arbitrator’s Duty to Neutrality

    Arbitrator’s Duty to Neutrality It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge…

  • Our friend the Devil’s Advocate.

    Our friend the Devil’s Advocate. Our friend the Devil’s Advocate is the first of Margaret Heffernan’s counterintuitive guidelines. It is useful conflict resolution to appoint a devil’s advocate.  Someone whose excellence is demonstrated by the quality of questions they asked.  Great questions include: What are the best reasons not to do this? Why are we…

  • I’m tired of being called a Mediation Neutral.

    I’m tired of being called a Mediation Neutral. Most Mediators describe themselves as being neutrals. I’m tired of being called a Mediation Neutral. It doesn’t help that the courts and clients expect us to be neutral and describes us as such.  But mediators in Europe have difficulty with the description. In the German Language the term…

  • Hunger Trials: They’re No Longer Games

    Hunger Trials: They’re No Longer Games It seems that attorneys can never turn the legal mind off even while watching a teenage move such as the Hunger Games.   Last week my American Inn of Court group used the Hunger Games as the basis for our continuing legal education presentation to the Inn.  We called it…

  • The Arbitrator’s Role: Ethical Considerations

    The Arbitrator’s Role: Ethical Considerations FINRA encourages arbitrators to periodically review the Code of Ethics for Arbitrators in Commercial Disputes (Code of Ethics) to refresh themselves about their duties and ethical responsibilities. The information contained in this guide is a brief reminder of the arbitrators’ ethical duties.  The guide is neither an exhaustive list nor…

  • We need more conflict in our lives.

    We need more conflict in our lives. Management expert Margaret Heffernan postulated this counterintuitive lesson learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Her insight has great implications for successful mediations.  I have always contended that mediation is conflict at its best and her insight bares this out.   Heffernan has…

  • Lawyers Behaving Badly: The case of the Stinky Bentleys and Manure Evidence

    Lawyers Behaving Badly: The case of the Stinky Bentleys and Manure Evidence Lawyers Behaving Badly: The case of the Stinky Bentleys and Manure EvidenceMy colleague, Matthew Talbot, wrote about a recent presentation of mine at the Inns of Court.  Access his compete article HERE. Here are some highlights of his article: Nothing interests a group…

  • Taming Your Bear of a Case: ADR Solutions For Complex Cases From Contract to Final Resolution

    Taming Your Bear of a Case: ADR Solutions For Complex Cases From Contract to Final Resolution Taming Your Bear of a Case: ADR Solutions For Complex Cases From Contract to Final Resolution. This is the title of the program we will be presenting November 16, 2012 at the 2012 MCLE Spectacular by on by the…

  • What type of training does a FINRA Arbitrator candidate receive?

    What type of training does a FINRA Arbitrator receive? What type of training does a FINRA Arbitrator candidate receive? After the initial application process, an arbitrator candidate must successfully complete FINRA’s Basic Arbitrator Training Program before becoming eligible to serve on arbitration cases. FINRA’s Basic Arbitrator Training Program consists of several parts: an Online Basic…

  • About FINRA Roster of Arbitrators

    About FINRA Roster of Arbitrators FINRA recruits, trains and manages a roster of arbitrators. FINRA selects arbitrators from a diverse cross-section of professionals. I am privileged to have been one of those selected.  FINRA’s arbitrators are available to arbitrate cases in over 70 hearing locations in the US, including one in Puerto Rico and one…