Tag: kenneth strongman
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Examples of FINRA Arbitration motions
Examples of FINRA Arbitration motions Arbitration has often been compared to the traditional courts. The major difference is that the parties are able to proceed in a much more deliberate matter. Although arbitration is an informal process, a variety of matters may be subject to motion practice. The following is a non-exhaustive list of common…
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The ingredients of any conflict.
The ingredients of any conflict All conflicts have similar ingredients. They may vary in amount but most are present in some way. Needs – Needs are physical requirements essential to our well-being. Conflicts arise when we ignore others’ needs, our own needs or the group’s needs. It is important to not to confuse needs with…
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Task #20: We all have buttons. When pushed they have irritated you. If not, we would not be here at mediation. Therefore, what could they say or do in the mediation that would really tick you off all over again?
Task #20: We all have buttons. We all have buttons. When pushed they have irritated you. If not, we would not be here at mediation. Therefore, what could they say or do in the mediation that would really tick you off all over again? The resolution of a dispute does not just occur on the…
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What am I actually getting for my money when I hire a mediator?
When you hire me as your mediator, you are buying the opportunity, through a neutral third party, to evaluate with someone who is an objective “sounding board,” your real needs (personal, economic, spiritual, etc.) and to evaluate which dispute resolution process will best help you meet those needs. * You are buying my opinions and…
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What really motivates humans?
What really motivates humans? Before we get can resolve conflicts, we need to understand what is really going on. My colleague, James Cawood teaches and consults in major hostage situations. He teaches that there are only two basic human motivations: • Seek Stimulation • Establish (or Re-establish) Perception of Control It is somewhat hard…
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Discovery Sanctions within FINRA Arbitration
Discovery Sanctions within FINRA Arbitration Failure to comply with the discovery rules hinders the efficient and cost-effective resolution of disputes and undermines the integrity and fairness of FINRA’s forum. Parties sometimes attempt to use the discovery process to harass and burden their opponent. Arbitrators will take this into consideration when considering discovery issues. Arbitrators have…
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Task #19: What evidence can you bring to the mediation that will be credible to them and will help them see your point of view?
Task #19: Credible evidence? What evidence can you bring to the mediation that will be credible to them and will help them see your point of view? 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…
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Who should attend the mediation?
Who Should Attend the Mediation? All parties involved in the interactions that gave rise to the dispute should be involved in the mediation. This helps me, as mediator; crystallize with the parties exactly what happened. A party may also be more candid with me when they know they may be faced with others who know…
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What is Conflict?
What is Conflict? Conflict occurs when people disagree and seem unable to find a solution or a reasonable compromise. The roots of these disagreements can arise from many sources including differences in personality, values, and perceptions. As a team leader, you will occasionally need to handle the differences that arise between members of your team.…
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Electronic Discovery within FINRA Arbitration
Electronic Discovery within FINRA Arbitration Although documents may be stored electronically, electronic files are still considered “documents” within the meaning of the FINRA Discovery Guide, and the arbitrators will decide any dispute that arises concerning the form in which a document will be produced. Despite the changes in the scope of discovery and the challenges…