Tag: kenneth strongman
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Task #18: Do you believe that they might owe you something specifically to restore or compensate for the betrayal, bad faith, or loss of confidence?
Task #18: Do you believe that they might owe you something specifically? Do you believe that they might owe you something specifically to restore or compensate for the betrayal, bad faith, or loss of confidence? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs…
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Why did the mediator stop the mediation without resolving the dispute?
Why did the mediator stop the mediation without resolving the dispute? As valuable as it is for me, as mediator, to know how to move a dispute to resolution, it is equally important, if not more so, for me to recognize when a dispute isn’t prepared for resolution and how to move it in the…
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A working definition of a Conflict.
A working definition of a Conflict. What is a working definition of a Conflict. Conflicts can occur when people disagree with each other and are unable to find a reasonable compromise. The roots of these disagreements can arise from many sources including differences in personality, values and perceptions. They also can and often do arise…
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Confidentiality and Discovery within FINRA Arbitration
Confidentiality and Discovery within FINRA Arbitration Within a FINRA Arbitration, If a party objects to document production on grounds of privacy or confidentiality, arbitrators or one of the parties may suggest a stipulation between the parties that the documents in question will not be disclosed or used in any manner outside of the arbitration of…
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Task #17: How do you evaluate the betrayal, bad faith or loss of confidence?
Task #17: How do you evaluate the betrayal, bad faith or loss of confidence? 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 collection…
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If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?
If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased? Absolutely not! I as mediator form opinions on many issues for many reasons. One of the primary things I do as mediator is to help you to evaluate the pros and cons of your position in a dispute…
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FINRA’s Initial Prehearing Conference
To maximize the efficient administration of a case by the panel, FINRA schedules an Initial Prehearing Conference (IPHC). The IPHC will normally be held by telephone. FINRA will notify the parties and arbitrators of the date and time of the IPHC at least 20-days prior to the phone conference. At the conference, the panel will…
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Teaching youth how to resolve conflicts.
Teaching youth how to resolve conflicts. I’m privileged to be an adult staff member for a National Youth Leadership Training (NYLT) course. It is a very satisfying experience and a lot of fun. One key topic on the course is how to resolve conflicts as a leader. This blog is adapted from this course. Leading…
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Arbitration, then Mediation, a way to blend them both.
Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street. You conduct a mediation to settle a law suite. Nothing could be further from the truth. There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or…
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Task #16: At what point did you first have any realization of betrayal, bad faith, or loss of confidence?
Task #16: At what point did you first have any realization of betrayal, bad faith, or loss of confidence? 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…