Ken Strongman, Esq. – Mediator

Tag: Real Estate Mediation

  • Potential Outcomes of a Mediation Session

    Potential Outcomes of a Mediation Session

    The Potential Outcomes of a Commercial Mediation Session – pexels-yan-krukov-7793988

    When parties find themselves in a commercial dispute, they often look to mediation as a means of resolving the issue without going to court. Mediation is a process where a neutral third party, the mediator, helps the parties negotiate and reach a mutually agreeable settlement.

    A successful mediation session can lead to a number of potential outcomes, including:

    Settlement Agreement

    The most common outcome of a successful mediation session is a settlement agreement. This is a written agreement that outlines the terms of the settlement reached by the parties. The settlement agreement is usually binding and enforceable, meaning that if one party fails to comply with the terms of the agreement, the other party can take legal action to enforce it.

    Improved Relationship between the parties

     Mediation is a collaborative process, and as such, it can help improve the relationship between the parties. The mediator works to facilitate communication and understanding between the parties, which can lead to a better working relationship moving forward.

    Cost Savings

    Mediation is often a more cost-effective alternative to going to court. The parties only pay for the mediator’s time, whereas going to court can involve substantial legal fees and expenses.

    Time Savings

    Mediation is typically a much faster process than going to court. The parties can usually schedule a mediation session within a few weeks, whereas going to court can take months or even years.

    Confidentiality

    Mediation is a confidential process, which means that the discussions and information exchanged during the session cannot be used in court. This can be particularly beneficial for parties who want to avoid negative publicity or protect sensitive information.

    Creativity

    Mediation allows parties to come up with creative solutions to their dispute. The mediator can help the parties think outside the box and explore alternative options that may not be available in a court setting.

    Of course, not all mediation sessions are successful. In some cases, the parties are unable to reach a settlement agreement, and they may need to pursue other options, such as going to court. However, even in these cases, the parties may still benefit from the process. Mediation can help them better understand each other’s positions and identify areas of agreement and disagreement, which can be helpful in resolving the dispute in the future.

    Therefore, mediation can be a highly effective way to resolve commercial disputes. A successful mediation session can lead to a settlement agreement, improved relationships between the parties, cost and time savings, confidentiality, creativity, and other benefits. Even in cases where the parties are unable to reach a settlement agreement, mediation can still be a valuable process that helps them better understand each other’s perspectives and lays the groundwork for future resolution.

    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.

  • Understanding The Different Styles of Commercial Mediation

    Understanding The Different Styles of Commercial Mediation

    Understanding The Different Styles of Commercial Mediation – pexels-artem-podrez-8518720

    Commercial mediation is a highly effective means of resolving disputes in the business world, offering a process where a neutral third-party mediator helps the parties reach a mutually beneficial resolution. Not only does mediation save time and money compared to traditional court systems, but it also offers different styles of mediation to suit various needs.

    Facilitative Mediation

    Facilitative Mediation is a popular style of commercial mediation. The mediator serves as a facilitator, guiding parties toward a mutually beneficial resolution by fostering effective communication and encouraging both sides to find a solution that works for everyone. This style is ideal when the parties desire to maintain a good relationship after the dispute has been resolved.

    Evaluative Mediation

    Evaluative Mediation is another style of commercial mediation, wherein the mediator assesses the strengths and weaknesses of each party’s position and offers an opinion on what the outcome might be if the case went to court. This style is useful when parties want to gauge what a judge or jury might decide.

    Transformative Mediation

    Transformative Mediation focuses on improving the relationship between parties. The mediator works with parties to understand each other’s perspectives, find common ground, and achieve a positive outcome that strengthens their relationship. This style is ideal when parties want to maintain a good relationship after resolving the dispute.

    Narrative Mediation

    Narrative Mediation is a style that centers around the stories the parties tell about their dispute. The mediator helps the parties understand how their stories contributed to the dispute and encourages them to create new, more positive narratives about the future. This style is useful when parties want to shift the way they think about the dispute and move forward positively.

    In conclusion, when it comes to commercial mediation, it’s crucial to understand the different styles available to select the best one for your needs. A good mediator like myself will use all of these styles as needed by the parties and the dispute:

    • Facilitative mediation is ideal for maintaining good relationships;
    • Evaluative mediation is useful for getting an idea of a court’s decision;
    • Transformative mediation is perfect for improving relationships and;
    • Narrative mediation is effective for shifting mindsets.

    Thereby the parties can achieve the best possible outcome for their dispute.

    To contact me to help negotiate a resolution to your commercial dispute see my website. 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.

  • Role of Technology in Mediation

    Role of Technology in Mediation

    The Role of Technology in Commercial Mediation – pexels-pavel-danilyuk-7518964

    In recent years, technology has played an increasingly important role in various aspects of our lives. From education to healthcare, technology has transformed the way we interact with each other and the world around us. One area where technology has made significant strides is commercial mediation. We will now discuss the role of technology in commercial mediation and how it has impacted the process.

    Commercial mediation is a form of dispute resolution where parties involved in a commercial dispute hire a neutral third party to help them negotiate a settlement. Traditionally, mediation involved face-to-face meetings between the parties and the mediator, but with the advent of technology, online mediation has become more prevalent. Online mediation allows parties to participate in the mediation process remotely, which has several advantages.

    Firstly, online mediation can be conducted more efficiently. By eliminating the need for travel and scheduling conflicts, online mediation allows parties to participate in the mediation process more easily. This can save time and reduce costs associated with traditional face-to-face mediation.

    Secondly, online mediation can be more effective in resolving disputes. Studies have shown that parties involved in online mediation are more likely to reach a settlement than those involved in face-to-face mediation. This is because online mediation allows parties to communicate more openly and freely, without the constraints of face-to-face interactions.

    Thirdly, technology can facilitate the mediation process itself. For example, online mediation platforms can provide tools for parties to share documents, track progress, and communicate with each other and the mediator. These tools can enhance the transparency and efficiency of the mediation process, helping parties to reach a settlement more quickly and effectively.

    However, technology also has its limitations in commercial mediation. Online mediation may not be suitable for all disputes, and some disputes may require face-to-face interactions to build trust and rapport between the parties. Technological glitches and language barriers can also create barriers to communication.

    In conclusion, technology has had a significant impact on commercial mediation, making the process more efficient, effective, and transparent. As technology continues to evolve, we can expect further advancements in the field of commercial mediation.

    Nonetheless, it is essential to remember that technology should be used as a tool to enhance the mediation process, not replace it entirely. The human element of mediation remains critical in building trust and understanding between the parties involved in a dispute.

    For an experienced and qualified commercial 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.

  • How To Select a Qualified Mediator

    How To Select a Qualified Mediator

    How To Select a Qualified Commercial Mediator – pexels-fauxels-3182827

    How To Select a Qualified Commercial Mediator. When it comes to resolving disputes in a commercial setting, mediation can be an effective solution that can help parties avoid the time and expense of litigation. However, selecting the right mediator is key to a successful outcome. Here are some tips on how to select a qualified commercial mediator:

    Look for specialized training and certification.

    While many mediators are generalists, it can be beneficial to choose a mediator who has specialized training and certification in commercial mediation. This can indicate that they have the necessary knowledge and skills to navigate the unique complexities of commercial disputes.

    Consider their experience.

    Experience is an important factor in selecting a mediator. Look for someone who has a proven track record of success in commercial mediation, ideally in your industry or field. Ask for references and check their professional background and experience.

    Check for impartiality.

    An impartial mediator is critical to the success of any mediation process. Make sure that the mediator you choose is neutral and has no conflicts of interest that could compromise their ability to remain unbiased. This can be particularly important in complex or emotionally charged disputes.

    Evaluate their communication and negotiation skills.

    A mediator needs to be an effective communicator, able to understand the needs and concerns of all parties involved and facilitate constructive communication. Strong negotiation skills are also important, as the mediator may need to help parties find common ground and reach a mutually agreeable solution.

    Look for someone who understands your business.

    Selecting a mediator who has experience in your particular industry or field can be beneficial. They will be familiar with the unique challenges and opportunities that arise in your business and may be able to offer insights and solutions that a generalist mediator may not be able to provide.

    Consider the logistics.

    When selecting a mediator, it is important to consider the practical details of the mediation process. This includes the mediator’s availability, location, and fees. Ensure that their availability aligns with your needs, that they are located conveniently for all parties, and that their fees are reasonable and transparent.

    In conclusion, selecting a qualified commercial mediator requires careful consideration of a variety of factors. By choosing a mediator with specialized training and experience, strong communication and negotiation skills, impartiality, and an understanding of your business, you can increase the likelihood of a successful outcome.

    For an experienced and qualified commercial 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. www.Finra.org  

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

  • Benefits of Mediation for Businesses of All Sizes

    Benefits of Mediation for Businesses of All Sizes

    The Benefits of Commercial Mediation for Businesses of All Sizes – pexels-fauxels-3183172

    Disputes and conflicts are an inevitable part of any business. However, commercial mediation provides an effective alternative to litigation that can help businesses of all sizes resolve disputes more efficiently and effectively.

    Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third-party facilitating negotiations between conflicting parties. In commercial mediation, a trained mediator with expertise in the specific area of conflict works with all parties to explore possible solutions and reach an agreement that satisfies everyone involved.

    One of the primary benefits of commercial mediation is cost savings. Unlike litigation, which can be lengthy, expensive, and public, mediation is generally much less expensive and can often be completed in just a few sessions, making it a cost-effective option for businesses of all sizes.

    Another significant advantage of commercial mediation is its ability to preserve relationships. Mediation allows parties to work together to find a mutually agreeable solution, which can help maintain or even strengthen relationships. This is particularly important for small businesses, where maintaining positive relationships with customers, suppliers, and partners is critical to long-term success.

    Mediation can also be a faster way to resolve disputes than litigation. This can be especially beneficial for businesses that need to resolve a dispute quickly to avoid disrupting operations or to prevent further financial or reputational damage.

    Finally, mediation offers businesses more control over the outcome of a dispute. This can result in more creative and flexible solutions that better meet the needs of all parties involved.

    In conclusion, commercial mediation is an effective and efficient way for businesses of all sizes to resolve disputes. It offers cost savings, preserves relationships, is faster than litigation, and gives parties more control over the outcome. With these benefits, businesses should consider mediation as a first option for resolving disputes before turning to litigation. By utilizing commercial mediation, businesses can save time and money while preserving relationships and achieving mutually agreeable solutions.

    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.

  • At what point will you know that the potential agreement is better than going to court?

    At what point will you know that the potential agreement is better than going to court?

    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.

     Questions:

    • How will you know when you have arrived at a voluntary agreement that satisfies your interests?  
    • What objective criteria will you use to measure how well the agreements stratify your interests? 
    • At what point will you know that the potential voluntary agreement is better that using the court system to fight it out?

    As you participate in the mediation, it will be important for you to know when a voluntary agreement is near.  You need to realize the point in the mediation when you have satisfied your interests and that it now time to put the agreement into writing.  Work with your attorney on the answers to these questions and review them 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.

  • How are you going to deal with them after the dispute?

    How are you going to deal with them after the dispute?

    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 are you going to deal with them after the dispute?

    In the previous task, you were asked to describe what you wanted life and/or business to look like five years after the dispute has been resolved.   This task is more focused on how you are going to deal with your opponents five to ten years after the dispute is resolved.

    The easy answer to this question is that ‘I never want anything to do with them again.’  If the dispute is an automobile accident then that might work as an answer.  But if your opponents are commercial suppliers, customers, fellow businesses in a limited market, employees or employers, neighbors, and even family, the question becomes a lot more challenging.

    I have mediated boundary line and other disputes between neighbors.  It becomes a lot more difficult to resolve when both neighbors realize that they will still be living next door to each other for possibly decades.  I have also mediated disputes with family owned business.  They had to take into account the likelihood of having to sit down for Thanksgiving dinner with each other.  There were also the unintended impacts on other family relationships that were not in dispute.  Commercial enterprises need to evaluate the publicity of the dispute and the possible need for an on going business relationship now and in the future.

    Carefully list and count the costs regarding different solutions to the dispute.  Might there be a better settlement that reduces future conflict.  Also evaluate the costs of litigating the dispute to its conclusion on the future relationship to your opponents.

    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.