Tag: kenneth strongman
-
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…
-
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…
-
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…
-
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…
-
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…
-
FAQ: What is the Comprehensive Mediation Agreement?
FAQ: What is the Comprehensive Mediation Agreement? In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the…