Ken Strongman, Esq. – Mediator

Tag: negociation

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

    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

    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

    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

    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.

  • Needs: an ingredient of any conflict

    Alcatraz Camping Trip needs
    Ingredients of any conflict – Needs

    Needs are ingredients of any conflict. All conflicts have similar ingredients. They may vary in degree but most are present in some way. The main ingredients are needs, perceptions, power, values, and feelings and emotions. Today, I am focusing on needs.

    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 confuse needs with desires. Desires are the things we would like to have but are not essential to our survival.

    By the time it is necessary to resolve a conflict; usually the needs are lost or hidden by the other ingredients of the conflict. Therefore it is important to spend time ascertaining those needs.

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

    Ken StrongmanAbout the Author: Ken Strongman, 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.

    © 2021 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders. Using my expertise, I am training the youth leaders in conflict resolution. This blog is adapted from my training materials.

  • Resolving the Turkey Conflict

    Turkey Conflict
    The Turkey Conflict

    This is the time of the year for the turkey conflict. Thanksgiving is the day we Americans set aside to give thanks. It is most likely the only day when everyone makes an effort to enjoy a meal with their family. The day can be painful for anyone that does not have immediate family around or because of past family conflicts, being around is not practical.

    For some reason, it is assumed that the meal will be turkey in some form or another. This is not the turkeys that wandered the woods near Pilgrims’ settlement. It is not even the turkeys that are infesting my neighborhood. One has taken up residence at the gas station that I frequent. While everyone is pumping gas, it is admiring itself in the reflections of the cars and trucks. No the turkeys we insist on eating are bred to be the high point of this one meal a year. That they are bred reduces them to the lowest common denominator of blandness.

    Long ago, I developed a total dislike of this type of turkey. If I was to be psychoanalyzed, a connection to the corresponding family discord might be discovered. But being thankful that I am an American, I exercise my God given choice not to eat turkey without being psychoanalyzed.

    My dislike started out in my youth. Only turkey was served for both Thanksgiving and Christmas dinners. Those dinners were rotated between my aunts in San Francisco and our house. There was intense competition between my mother and my aunts to find the most economical bird. In other words, they would look for the cheapest per pound bird and would go to great lengths to secure it. At one point the record was 29 cents per pound. Even in olden times that was extremely cheap. The taste matched the price – cheap.

    One year, my mother, after considerable nagging by the family, invested in a Butterball turkey. That is the kind with the little read button that pops out when it is perfectly done. As was her habit, she put it in the oven before dawn. After the requisite number of hours, the little red button popped out right on queue. Unfortunately, the family was not due to arrive until 1 p.m. and it had reached perfection far faster that previous cheaper birds. Therefore she left it in the oven until noon. There is the dinner scene in National Lampoon’s Christmas Vacation where everyone watches the dead bird shrivel and is still force to eat it – I’ve lived that.

    After marriage, the “discussion” as to having or not having turkey resolved itself. My wonderful wife one year decided to have a big turkey feast with all of the fixings. She purchased a quality frozen 25 plus pound turkey. While readying it for defrosting, it fell out of its perch in the freeze and aimed for her big toe. The ‘pope’s nose’, followed by the other 24 pounds, hit its target with dead accuracy. We spend the entire evening in the emergency room. The toe was broken. Unable to barely stand let alone cook, the job of cooking the dead bird fell to me. Convinced, that was the last time we served Meleagris gallopavo aka dead bird.

    I am thankful for a multitude of blessings. One is the privilege not to eat turkey if you don’t want to eat it. May you be thankful for all of your blessings this season and may you avoid the turkey conflict.

     

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    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.

  • Critical Questions to answer in resolving conflicts.

    Philmont Scout Ranch Critical Questions
    Critical Questions

    Here are the most critical questions to ask each participant in any conflict situation:

    1. “What do you want?”
    2. “What are you doing to get it?”
    3. “Is it working?”
    4. “Do you want to figure out another way?”

    The first question one focuses people’s attention on what their real needs are and helps you see more clearly other people’s points of view. The subsequent questions put responsibility on other people to be a party in examining where they are and then in finding pathways to reach where they want to be.

    The next two questions are vital.  They are questions that empower people.  Make sure you give people the time and encouragement to figure out the answers.  They need to understand themselves.  Too often we skip these questions. We ask, “What do you want?” and then jump immediately to a variation of question four, telling someone what we think they should do.

    Question four gives them a way to invite you to help them explore other approaches to a problem. It encourages a cooperative effort—working together to help everyone get what they want.

    Remember, you can’t control another person, but you can persuade. You can join forces with them in a mutual search for a solution.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.

  • Creative thoughts on Conflict Resolution.

    Creative Thoughts
    Creative thoughts on Conflict Resolution

    Here are Creative thoughts on conflict resolution.

    As is all leadership, conflict happens.  It needs to be resolved but if not resolved in the right way, the conflict will create other problems.

    Accept the fact that conflict is going to happen. Decide to take positive steps to manage it. When it occurs, discuss the conflict openly with the group.

    Deal with one issue at a time. There may be more than one issue involved in the conflict at one time. Someone in the group needs to provide leadership to identify the issues involved. Then only one issue at a time can be addressed so the problem is manageable.

    If there is another problem from the past blocking current communication, list it as one of the issues in this conflict. It may have to be dealt with before the current conflict can be resolved.

    Choose the right time for resolution. Individuals have to be willing to address the conflict. We are likely to resist if we feel we are being forced into negotiations.

    Avoid reacting to unintentional remarks. Words like “always” and “never” may be said in the heat of battle and do not necessarily convey what the speaker means. Anger will increase the conflict rather than bring it closer to resolution.

    Be sure to question resolutions that come too soon or too easily. People need time to think about all possible solutions and the impact of each. Quick answers may disguise the real problem. All parties need to feel some satisfaction with the resolution if they are to accept it. Conflict resolutions should not be rushed.

    Discourage name calling and threatening behavior. Don’t corner the opponent. All parties need to preserve their dignity and self-respect. Threats usually increase the conflict and payback can occur some time in the future when we least expect it.

    Remember agreeing to disagree is an option. Respect for one another and the value of relationships are two good reasons to disagree, but to choose not to allow the disagreement to interfere with the group.

    Remember handled correctly, humor can be powerful.  But proceed very carefully. 

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.

  • What is Conflict Resolution Leadership?

    resolution leadership
    Conflict resolution leadership

    Conflict Resolution Leadership

    In any leadership training, the new leader must be trained to resolve conflicts. They must do all of the following.

    Acknowledge that a difficult situation exists. Honesty and clear communication play an important role in the resolution process. Acquaint yourself with what’s happening and be open about the problem.

    Let individuals express their feelings. Some feelings of anger and/or hurt usually accompany conflict situations. Before any kind of problem-solving can take place, these emotions should be expressed and acknowledged.

    Define the problem. What is the stated problem? What is the negative impact on the work or relationships? Are differing personality styles parts of the problem?  Meet with team members separately at first and question them about the situation.

    Determine underlying need. The goal of conflict resolution is not to decide which person is right or wrong; the goal is to reach a solution that everyone can live with.  Looking first for needs, rather than solutions, is a powerful tool for generating good options. To discover needs, you must try to find out why people want the solutions they initially proposed. Once you understand the advantages their solutions have for them, you have discovered their needs.

    Find common areas of agreement, no matter how small:

    ·     Agree on the problem

    ·     Agree on the procedure to follow

    ·     Agree on worst fears

    ·     Agree on some small change to give an experience of success

    Find solutions to satisfy needs.   

    ·     Problem-solve by generating multiple alternatives

    ·     Determine which actions will be taken

    ·     Make sure involved parties buy into actions. (Total silence may be a sign of passive resistance.) Be sure you get real agreement from everyone.

    Determine follow-up you will take to monitor actions.

    How will you determine if the agreement is being followed?  What are the benchmarks?  

    Determine what you’ll do if the conflict goes unresolved. If the conflict is causing a disruption and it remains unresolved, you may need to explore other avenues.  Let the participants know that’s an option.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.

  • Communication skills are important in resolving conflicts

    Communication
    Communication Skills help resolve conflicts

     

    “Nothing in life is more important than the ability to communicate effectively.”

    — Gerald R. Ford, 38th President of the United States

     

    Good communication is the most important tool for resolving conflicts.  Listening is the key to good communication.  Use your ears more than your mouth.  Encourage others to talk but offer no judgments.   Make sure you hear the message.  Ask clarifying questions and reframe their statements.  Put their message in your own words.

    **For the last decade I’ve been involved with leadership development of tomorrow’s leaders.  Using my expertise, I am training the youth leaders in conflict resolution.  This blog is adapted from my training materials. 

     

    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.