Tag: kenneth strongman

  • Thanksgiving Conflicts – How to avoid

    Thanksgiving conflicts reduces anyone’s ability to be thankful. Thanksgiving is sometimes referred to as forced family time. It is ripe for all kinds of potential conflicts.  Here are some things to minimize or avoid conflicts on the big day without lowering your expectations of being truly thankful.     ·     Realize that Norman Rockwell was a…

  • FAQ: Do I have to have a lawyer at my mediation?

    Do I have to have a lawyer at my mediation? No, it is not necessary to have a lawyer representing you at mediation. If you have a lawyer already representing your interests in the dispute you would need to discuss this with him or her.  If you feel you need legal advice or that you…

  • FINRA Arbitration motions: Hearing Timing & Location

    Examples of FINRA Arbitration motions that can be made regarding timing and location. The following motions can be made within a FINRA Arbitration.  These particular motions involve modifying the original claim.  The following concern the location of the hearing and its timing.  As an Arbitrator, I will be mindful that one of the goals of…

  • How to respond to an angry person.

    One of the key steps to resolve any conflict is knowing how to respond to an angry person.  You just have to listen to them.  When you’re listening to an angry person: Be attentive and patient: Keep in mind that they will become less angry as you let them express themselves.   Be sincere: Empathy and…

  • Is a Retired Judge a Better Mediator?

    It is assumed that a retired judge makes a better mediator than someone that has not been a judge.  This couldn’t be further from the truth.  Rendering judgment requires an entirely different skill set than helping the parties resolve their case through mediation.  The day to day activities of a judge do not lend themselves…

  • Contra Costa Superior Court Volunteer Reception

      The Contra Costa Superior Court held a reception to thank the hundreds of volunteers from the legal and professional community who contributed their time and talent to support the court.  I was one of the volunteers so honored. The Presiding Judge, the Honorable Barry Goode said, “There have been so many setbacks as our…

  • FINRA Arbitration motions: Sever, Consolidate, & Amend

    FINRA Arbitration motions: Sever, Consolidate, & Amend The following motions can be made within a FINRA Arbitration.  These particular motions involve modifying the original claim. Motion to Amend a Claim FINRA Rule 12309 provides that parties may amend their pleadings, including adjustments to their damage requests, up until the time FINRA staff appoints a panel.…

  • Don’t be afraid of anger – angry people can’t lie.

    Don’t be afraid of anger – angry people can’t lie. The first step to resolve any conflict is to defuse anger.  But do not be afraid of anger.  An angry person can’t lie because anger is a primitive emotional response.  To lie, you must control your emotions and turn on your intellect.  So when someone…

  • Task #21: If something happens in the mediation that irritates you, what will you do to get back on task?

    If something happens in the mediation that irritates you, what will you do to get back on task? 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,…

  • How long should mediation take?

    How long should mediation take? We have grown used to life happening instantaneously. What we forget is that despite all the fast and furious technology, we remain human beings. We may be more sophisticated overall, but are otherwise no different than we were thousands of years ago. Our thought processes and decision-making ability have not…