Seven reasons to avoid a joint mediation session

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Feb 032020
 

Devil's Postpile National Monument - Rainbow Falls

Joint sessions

Seven reasons to avoid a joint mediation session

This and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER: Seven reasons to avoid a joint mediation session

Stated another way: the advantages of a private session with the mediator

1. It is an opportunity to explain the case to a neutral person
2. The attorney and party get to evaluate their own case
3. The ability to use the mediator as a sounding board and coach
4. To be able to talk openly
5. Discuss solutions
6. Identify components of solutions from your stand point
7. Emote and vent in private about the case and the other side (person)

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Four characteristics a good mediator brings to the table.

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Mar 082015
 

Santa Barbara Presido

Characteristics of Good Mediators

Four characteristics a good mediator brings to the table.

This and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER: Four characteristics a good mediator brings to the table.

1. Able to quickly build trust and confidence
2. Excellent inter-personal skills: Patience and a sense of humor
3. Creativity in assisting parties and counsel in shaping a solution
4. Reputation in the legal and mediation community to do every thing they can to encourage and assist in settlement

For an experienced Mediator to help negotiate a resolution to your dispute contact Ken Strongman. Here.

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Seven advantages of a joint mediation session

 Mediation, Speaking & Training  Comments Off on Seven advantages of a joint mediation session
Mar 072015
 

joint mediation sessions are a flowing process

Seven advantages of a joint mediation session

The 7 advantages of a joint mediation session and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER: Seven advantages of a joint mediation session:

1. To see and hear the other side
2. To look at pictures and other evidence, both sides at once
3. It gives each side an opportunity to size up the other
4. Talk with each other as oppose to using agents
5. To evaluate the style of each attorney
6. To evaluate the preparedness of each side
7. To see the body language of each attorney and party (everyone)

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Seven reasons to avoid a joint mediation session

 Mediation, Speaking & Training  Comments Off on Seven reasons to avoid a joint mediation session
Mar 062015
 

Devil's Postpile National Monument - Rainbow Falls

Joint sessions

Seven reasons to avoid a joint mediation session

This and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER: Seven reasons to avoid a joint mediation session

Stated another way: the advantages of a private session with the mediator

1. It is an opportunity to explain the case to a neutral person
2. The attorney and party get to evaluate their own case
3. The ability to use the mediator as a sounding board and coach
4. To be able to talk openly
5. Discuss solutions
6. Identify components of solutions from your stand point
7. Emote and vent in private about the case and the other side (person)

Ken StrongmanAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Eight ways to prepare the other side for the negotiation or mediation

 Mediation, Speaking & Training  Comments Off on Eight ways to prepare the other side for the negotiation or mediation
Mar 052015
 

Yosemite Falls - prepare

Prepare for Mediation

Eight ways to prepare the other side for the negotiation or mediation

Prepare for mediation and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER:

How to prepare the other side for the negotiation or mediation
• Don’t burn bridges! Be polite and collaborative. Seek a “win-win” solution.
• Recognize that they are key players, have egos and have to justify any settlement.
• If plaintiff counsel, make it easy for them to give you what you want. Don’t hide the ball. If defense counsel, strategize the negotiations in advance, including contents of briefs.
• Provide all decision-makers with enough information well before the mediation session. Tell them what you want and why you want it.
• Have necessary corporate resolutions, powers of attorney and other written authority.
• Construct a day in the life of the client
• Reconstruction of accident or event
• Send copies of the mediation brief and other information with the request that it is sent to the adjustor and/or other stakeholders.

Ken_Strongman_003smAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

8 Reasons Why Money is not the only solution

 Mediation, Speaking & Training  Comments Off on 8 Reasons Why Money is not the only solution
Mar 042015
 

Money is not always the soluntion to the dispute

Money is not always the solution

Eight reasons why money is not always the only solution to the dispute

Money and why it isn’t the answer and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER:

Eight reasons why money is not always the only solution to the dispute:
1. There is always the possibility of a Global settlement
2. Non-monetary concessions
3. Letter of recommendation are helpful in some cases particulary employment and landlord tenant.
4. There are always tax and accounting issues. Different classifications will change the dynamic.
5. Payment plans
6. Structured Settlements
7. Bartering. They have something you could use instead of cash.
8. Confidentiality of the agreement and dispute

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

3 Strategies for the Money Dance

 Mediation, Speaking & Training  Comments Off on 3 Strategies for the Money Dance
Mar 032015
 

021_ken_Strongman_money dance

The Money Dance

Three strategies for the money dance

Three strategies for the money dance in a negotiation or mediation and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

To register for the event: Register Here

NOW FOR THE ANSWER TO:

Three strategies for the money dance in a negotiation or mediation.

Always come to the negotiation or mediation with three reference points:
1. Reservation – bottom line or walk away price is the point at which it is determined that you are better off litigating than settling. It would be better to express the reservation point not only as a monetary amount but as a package that involves quantifiable and other elements.
2. Target Point should represent the optimistic goal for a settlement outcome. It should be a package of monetary and other elements and should be between the reservation point and opening offer.
3. Opening Offer is the number with which your side will begin the bargaining process. It should be more optimistic than your target point because of the give and take of negotiations.

Ken Strongman, MediatorAbout the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

Don’t make the opening bid

 Mediation, Speaking & Training  Comments Off on Don’t make the opening bid
Mar 022015
 

Why you shouldn’t make the opening bid in negotiation or mediation

Why you shouldn’t make the opening bid in negotiation or mediation and many other topics will be revealed in: The “End Game” of Mediation and How to Succeed at It [A Comprehensive Road Map to the Mediation Process] on Tuesday, March 10, 4:30 pm – 8:30 pm @ the Contra Costa Bar Association.

Speakers Ken Strongman, Esq. and Malcolm Sher, Esq. will lead a program for Advocates designed to create a highly positive mediation experience and outcome for themselves and their clients. These two successful mediators will discuss some of the best practices for negotiation and to prepare the client, advocate, mediator and opposition for the mediation journey.

The Contra Costa County Bar Association certifies that this activity has been approved for 3 hours of General MCLE credit by the State Bar of California, Provider #393.

024_ken_Strongman_twitter bid

Opening Bid

To register for the event: Register Here

NOW FOR THE ANSWER TO: Why you shouldn’t make the opening bid in negotiation or mediation.

You may undervalue your case because of missing information.

The other side may have undervalued its own case. You may underestimate what the other side is willing to pay or accept.

About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA.

© 2020 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.