Ken Strongman, Esq. – Mediator

Tag: negociation

  • Mastering Negotiation Strategies: Important Understanding for Successful Mediation

    Mastering Negotiation Strategies: Important Understanding for Successful Mediation

    Important Understanding

    Unlocking the intricacies of successful mediation hinges upon a fundamental element: ‘important understanding.’ As you embark on the journey of dispute resolution, envision a landscape where each word, responsibility, and relationship detail matters. Imagine wielding the power of preparation, the art of negotiation, and the strategic finesse needed to navigate through disputes.

    What important understanding did you think you had when you originally got involved together? This pivotal question sets the stage for every mediation journey. It beckons each party to introspect, recalling the initial perceptions and expectations woven into the fabric of their engagement. The resolution of a dispute, however, doesn’t simply unravel in the mediation room’s confines. It sprawls across meticulous preparations, strategic negotiations, and astute discussions—one crucial aspect being the alignment of perspectives. From delineating working conditions to defining decision-making prerogatives and encompassing factors like time, money, rights, and duties, these facets demand clarity to lay the groundwork for a satisfying solution.

    Moreover, the essence of relationships surfaces as a vital catalyst in this context. Reflecting on the genesis of a once harmonious alliance, it becomes imperative to understand the underpinnings of why it was deemed ‘good.’ Even amidst commercial disputes tethered to contracts, leases, or employment intricacies, the quality of relationships—whether familial or interpersonal—serves as a fulcrum. It extends beyond mere contract-based conflicts, resonating through personal injury cases and intellectual property disputes, encapsulating the essence of expectations and the ethos of rights.

    Therefore, the crux of effective dispute resolution lies in comprehending initial expectations. Without this cornerstone, the path to a gratifying solution becomes arduous and convoluted, leading to potential impasse.

    As you navigate the realm of mediation, remember that understanding is the cornerstone of resolution. Embrace the power of preparation, negotiation, and clear communication to pave the way for amicable resolutions. Should you find yourself amidst a dispute or negotiation seeking guidance, Ken Strongman stands ready to navigate these waters with you. Reach out today to embrace a journey towards equitable solutions and collaborative outcomes. Contact Ken Strongman, the experienced mediator, to embark on your path to resolution.

    About the Author: Ken Strongman (www.kpstrongman.com) is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

  • Thanksgiving Conflicts: Navigating Family Gatherings with Grace

    Thanksgiving Conflicts: Navigating Family Gatherings with Grace

    Thanksgiving conflicts
    Thanksgiving Conflicts

    Picture this: the scent of a perfectly roasted turkey fills the air, the table groans under the weight of delicious dishes, and loved ones gather to celebrate Thanksgiving. It’s a heartwarming image, but let’s be honest—Thanksgiving can also be a recipe for potential conflicts, turning your festive feast into a battleground of differing opinions, diets, and traditions. But fret not; this blog is your guide to not only surviving but thriving during Thanksgiving. From debunking Norman Rockwell’s idyllic depictions to handling dietary dilemmas and steering clear of political debates, we’ll show you how to keep the peace while cherishing the holiday spirit.

    Thanksgiving conflicts can reduce anyone’s ability to be thankful. Some people refer to Thanksgiving as forced family time, making it ripe for all kinds of potential conflicts. To minimize or avoid conflicts on the big day without lowering your expectations of being truly thankful, consider the following:

    1. Realize that Norman Rockwell was a fraud. His famous Thanksgiving painting is a total fantasy. People have told me that when he painted it, each of the models posed separately, so naturally, they appeared happy. They were not in the same room with the others, and they obviously didn’t have to eat the food. They couldn’t because it had to remain for the next model.
    2. Speaking of food, for all of those who have recently converted to a vegan diet or just discovered some new exotic diet, or have any dietary restrictions based on health, the only statement on the subject you can make is (with a smile) – “No, thank you” while you are passing the plates.
    3. Thanksgiving is not the time to proselytize anyone to a life free of all the cholesterol-choking, cancer-causing food on the table. Yes, stress causes heart attacks, but stress doesn’t come from always eating the wrong foods; it also comes from people reminding (nagging) you not to eat certain foods.
    4. For those of you on a diet at Thanksgiving and can’t see anything on the table the diet will allow you to eat, and you still want to be true to your diet, just remember you do want to lose weight, so not eating anything would still be a good thing.
    5. Speaking of proselytizing, Thanksgiving should be a time to be thankful that we are blessed in this country with the privilege to not have to talk politics 365 days a year. Thanksgiving is the time to eat the turkey and to stop talking about the turkeys running the country.
    6. Realize that everyone does not have to do the same thing all the time. For some (or a whole lot of people), cheering on their favorite football team with family and friends is just as much a bonding experience as other activities. Let them watch the game. At least half the population will be truly thankful their team won. Being thankful is what it’s all about.
    7. Some may want to watch football, others might want to play a game of football, and others still may want to go out and change the water pump on a car. That’s OK! Chill out! Be thankful they are all here and having fun.
    8. Thanksgiving is not a time to be thankful for your holiday cruise to the Caribbean, new car, house, job, or any other material thing. Be thankful for the little things: breathing, the sunrise, food on the table, and laughter. We are all social people and never truly get along with each other. If there were no conflict, we wouldn’t be human, and we need to be thankful that we are human.

    So, let’s embrace the true essence of Thanksgiving and ensure that every moment is filled with gratitude, laughter, and cherished memories. Join us on this journey towards harmonious celebrations and share your tips for a conflict-free Thanksgiving in the comments below!

    About the Author: Ken Strongman 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 and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #construction #legal #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Mastering the Art of Negotiation: Your Path to Effective Conflict Resolution

    Mastering the Art of Negotiation: Your Path to Effective Conflict Resolution

     

    Negotiation is a part of life
    Negotiation is a part of life

    Conflict is an inevitable part of life, but how we navigate it can make all the difference. Welcome to a world where negotiation is the compass guiding us through turbulent waters. Negotiation isn’t just a skill for diplomats and business tycoons; it’s a fundamental aspect of our daily interactions. Picture a world where disputes could be resolved peacefully, to the satisfaction of all parties involved. This blog is your gateway to understanding the art of negotiation and its profound impact on leadership, relationships, and society as a whole.

    Resolving Conflict through negotiation is a part of life. Negotiation is how conflicts are resolved. Hopefully, they can be resolved peacefully and to the satisfaction of both parties to the conflict. Leaders’ skill set must include negotiation. Therefore, some of these blog postings will deal with ways a leader can help resolve conflicts.

    I hope to provide useful information on:

    • Knowing and articulating several ways that good leadership can minimize conflict.
    • Understanding how the acronym E.A.R. can be used as a tool for resolving conflicts (Express, Address, Resolve).
    • Using several communication skills important for resolving conflicts.
    • Knowing negotiating skills to resolve conflicts for the benefit of all parties to the conflict.

    All conflict resolution involves negotiation. Let’s look at the definition and characteristics of negotiation.

    What is Negotiation

    Negotiation is a voluntary, non-binding bargaining process, in which the parties to a dispute attempt resolution among themselves. Often, agents of the disputing parties (their lawyers, real estate agents, accountants, and so forth), who are in actual communication with each other, are the negotiators. The actual disputing persons sometimes do not meet or participate in direct discussions until most, or all, of the dispute has been resolved.

    Characteristics of Negotiation

    The chief characteristics of negotiation are:

    • Mutual Consent. Negotiation is voluntary. The parties cannot be compelled to negotiate or even negotiate in good faith. Negotiations cease when one party declines to continue.
    • Successful Result is Enforceable. A negotiated settlement, usually memorialized in a written agreement, is as valid and enforceable as any common law contract.
    • The parties and/or their agents are in personal contact with each other. A third party neutral is involved in negotiations.
    • No statute or case law governs the process of negotiation. Some prefer to negotiate in person. Others use letters, e-mail, or telephone calls. Still others negotiate through agents or intermediaries.
    • Negotiation is a process, taking place over time, as opposed to a single meeting or a brief exchange of correspondence.
    • Negotiators share facts and arguments often in a disorganized manner. Negotiators posture and obfuscate, misstate the law, rail and threat and bluff, implore and cajole, and mix fact with fiction, exaggeration, and lies, during a series of back-and-forth communications.
    • Negotiations are usually conducted in private. Publicity is anathema to a frank exchange of opinions, offers, and demands negotiations.

    So, are you ready to embark on this journey with us? Join the conversation, share your insights, and take a step toward becoming a more effective leader, communicator, and conflict resolver. Let’s navigate the world of negotiation together! Remember Negotiation is a part of life.

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

    About the Author: Ken Strongman is a private commercial #mediator of complex, high risk litigated cases since 2004 with years of experience and a growing national reputation as a mediator and arbitrator.  He has successfully resolved in the fields of construction defects, real estate, intellectual property, and employment.  He is also a Mediator and Arbitrator for FINRA and President of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #construction #legal #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

     

  • Master the Dance of Conflict Resolution: Take Action Today!

    Master the Dance of Conflict Resolution: Take Action Today!

    Conflict is Everywhere

    Conflicts are an undeniable part of human existence, weaving their intricate threads through the tapestry of our lives. Yet, have you ever wondered why conflicts seem to have a recurring cast of characters, like the timeless ingredients in a beloved recipe? In the world of conflicts, needs, perceptions, power, values, and emotions dance together, creating a choreography that’s both complex and captivating. Join me on this journey as we uncover the secrets of these conflict ingredients. Discover how understanding them can bring resolution to your disputes, restore harmony, and transform discord into an opportunity for growth.

    All conflicts share similar ingredients. These ingredients may vary in quantity, but most conflicts involve them in some way.

    Needs – We have physical requirements essential to our well-being, and conflicts arise when we ignore others’ needs, our own needs, or the group’s needs. It is important not to confuse needs with desires, as desires are things, we would like to have but are not essential.

    Perceptions – Humans interpret reality differently. They perceive differences in the severity, causes, and consequences of problems. Misperceptions or differing perceptions may stem from self-perceptions, others’ perceptions, varying perceptions of situations, and perceptions of threat. How something is framed affects its perception, so in conflict resolution, reframing becomes an important task to reach a solution.

    Power – People’s definition and use of power significantly influence the number and types of conflicts that occur. This also affects how conflict is managed. Conflicts can arise when people attempt to make others change their actions or gain an unfair advantage, as this is a powerful human motivation. Everyone desires to establish or reestablish the perception of control.

    Values – Values are beliefs or principles we deem crucial. Serious conflicts arise when people hold incompatible values or when values are unclear. Conflicts also occur when one party refuses to acknowledge that the other party regards something as a value rather than a preference. To resolve the conflict, clarify each party’s values.

    Feelings and emotions – All people let their feelings and emotions significantly influence how they deal with conflict. Conflicts can also occur because people neglect their own or others’ feelings and emotions, and other conflicts may arise when feelings and emotions differ on a particular issue.

    Are you ready to take the first step toward peaceful resolution? Contact Ken Strongman, our experienced Mediator, and let’s begin the dance of mediation to resolve your conflicts today.

    Ken StrongmanAbout the Author:

    Ken Strongman 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 and president of The Mediation Society.

    #ADR #mediators #mediation #conflict #lawsuit #construction #construction #legal #alternativedisputeresolution #negociation #dispute #finra #themediationsociety

    © 2024 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • How To Negotiate Effectively in Mediation

    How To Negotiate Effectively in Commercial Mediation

    Commercial mediation is an effective method to resolve disputes in business. It involves a neutral third-party mediator who helps parties find a mutually acceptable solution to their dispute. However, successful commercial mediation depends on effective negotiation skills. Here are some tips on how to negotiate effectively in commercial mediation:

    Understand your goals and objectives

    Before entering into commercial mediation, you should have a clear understanding of your goals and objectives. What do you hope to achieve through the mediation process? This could be a settlement, an agreement to work together, or even just a better understanding of the other party’s position. Understanding your goals and objectives will help you focus your negotiation strategy and communicate your needs effectively.

    Prepare your case

    In commercial mediation, preparation is key. You should gather all relevant information and documentation related to your case. This includes any contracts, correspondence, or evidence that supports your position. You should also review your case and identify any strengths and weaknesses. This will help you anticipate the other party’s arguments and prepare counter-arguments.

    Listen actively

    Active listening is a critical component of effective negotiation in commercial mediation. You should listen carefully to the other party’s position and try to understand their perspective. This will help you identify areas of common ground and potential solutions. It is also important to acknowledge the other party’s feelings and concerns, as this can help build rapport and trust.

    Communicate clearly and assertively

    Communication is key in commercial mediation. You should communicate your needs and objectives clearly and assertively. This means being confident in expressing your position, while also being open to the other party’s perspective. It is important to avoid getting defensive or emotional, as this can undermine the negotiation process.

    Explore creative solutions

    Commercial mediation offers a unique opportunity to explore creative solutions to disputes. You should be open to exploring different options and brainstorming potential solutions. This may involve compromising on some issues, but it can ultimately lead to a more satisfactory outcome for both parties.

    Be willing to compromise

    Compromise is an essential component of successful negotiation in commercial mediation. You should be willing to make concessions and find common ground with the other party. This may involve giving up some of your demands in order to reach a mutually acceptable solution.

    In conclusion, effective negotiation skills are essential for successful commercial mediation. By understanding your goals and objectives, preparing your case, listening actively, communicating clearly and assertively, exploring creative solutions, and being willing to compromise, you can increase your chances of reaching a satisfactory resolution to your dispute.

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

    About the Author: As a professional Mediator and Arbitrator since 2004 Ken Strongman has years of experience and has successfully resolved disputes in the fields of Business/Commercial, Securities, Estates/Probate/Trusts, Real Estate, Intellectual Property, Construction Defects, Construction Contracts, Employment, and Environment. He is also a Mediator and Arbitrator for FINRA.  

    © 2023 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • What important understanding did you think you had when you originally got involved together?

    What important understanding did you think you had when you originally got involved together?

    What important understanding did you think you had when you originally got involved together? 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 of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.

    What important understanding did you think you had when you originally got involved together? This is the understanding from at least from your own point of view.  These can include working conditions, responsibilities, which one was to make the final decisions, time, money, rights, duties and working conditions.

    You developed or already had a relationship with the other party.  At some point it was a good relationship.  Why did you think it was a good relationship?

    This is obviously important if the subject matter of the dispute is commercial.  In other words it is based on a contract, lease, employment, insurance, agreement to buy, etc. It is still important even if the dispute is not based upon contract.  For example it could be based on a family relationship.   It even goes beyond that to personal injury and intellectual property disputes.  For example, when you enter a grocery store, it is usually your understanding that you will not slip on a banana peal.  Likewise, when you create something, you expect to receive credit for the creation.

    Therefore, it is always important to understand your expectations at the beginning.  Without that understanding, it will be difficult to create a solution that is satisfying.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • What’s wrong with the other side’s case?

    What’s wrong with the other side’s case?

    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 of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.

    These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

    What’s wrong with the other side’s case?

    Now is your attorney’s opportunity to turn the introspection of your own case on its ear.  You need to list everything that is wrong with your opponent’s case.   You need to review this confidentially with the mediator.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • What is the weakness in your case?

    What are the weaknesses in your case?

    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 of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.

    These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

    What are the weaknesses in your case?

    In this exercise, your attorney will need to take the lead in preparing your answer.  It is important that you understand its impact on your position.

    You need to articulate all of the weaknesses in your case.  These can be issues of law.  I have seen issues that involve the statute of limitations.  Other times, I have seen where the original complaint did not name the correct defendants.   These may be extreme examples, but no case is perfect.

    There can be issues of evidence.   It can be simple lack of evidence to support your claims.  It can be the credibility of the evidence.  Is it admissible or will its admissibility be challenged.   Seldom is there enough credible evidence to support each element of the claim.  Likewise defenses have their weaknesses as well.

    There can be issues of witnesses.  Will they persuade a jury or will their testimony be discounted by the jury?  Are they available?  Will they ‘show well’ to the jury?  Can they be easily impeached?

    Is a jury in this jurisdiction favorable to your position or that of your opponents?  And the list goes on.

    This can all be summed up by asking what your opponent will say about your case?

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • How will you know you have developed an agreement at the end of the mediation?

    How will you know you have developed an agreement at the end of the mediation?

    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 of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.

    These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

    How will you know you have developed an agreement at the end of the mediation?

    What objective criteria could you use with the other parties to the mediation to develop a fair and constructive voluntary agreement to settle the matter?

    Mediation is not “splitting the baby” or just splitting the difference between the parties.  But it is composed of hard negotiations between the parties.  It is important to begin constructing for yourself just what a voluntary agreement between the parties would look like.  Remember each party will be doing the same, so each will have to believe that the settlement is fair to them as well.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or re-post without permission.

  • Do you agree on anything?

    Do you agree on anything?

    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 of tasks each participant needs to complete and to discuss with their council and the mediator before the mediation.

    These tasks and the discussion with the mediator are confidential.   They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards.

     What do you and the other parties agree upon? 

    These can be significant or minor issues in the dispute.   Anything will do.  The purpose is to build a voluntary resolution to the dispute.

    Can you agree that there is a dispute?  If you can’t agree to that there is a dispute, then what will we have to do to have a successful mediation?

    Other more obvious agreements might be:  Is there a written contract?  Is this the contract?  Does each party have enough information to evaluate the case?  Can you agree on dates, times, people involved significantly in the dispute?.

    Be prepared to not only share your results with you attorney but with the mediator as well.  Because of your efforts now, at the mediation you will be able to cut though to a voluntary agreement almost effortlessly.

    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.

    © 2022 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.