Tag: Real Estate Mediation

  • Don’t be afraid of anger – angry people can’t lie.

    don't be afraid
    Don’t be afraid.

    Don’t be afraid of anger – angry people can’t lie.

    The first step to resolve any conflict is to defuse anger.  But do not be afraid of anger.  An angry person can’t lie because anger is a primitive emotional response.  To lie, you must control your emotions and turn on your intellect.  So when someone is angry, whatever they are telling you contains some truth.  Beware that this does not stop good actors.  A good actor merely appears to be angry as they try to control the situation

    There are several reasons for anger:

    To vent. An angry person needs to let off steam and release the anger that may have been brewing for a long time.  To resolve the conflict you need to allow this to happen, but try to control it by reframing their issues. 

    To get the listener’s attention. An angry person wants to know that you are paying attention.  Use good listening skills to demonstrate that you are paying attention.

    To be heard. An angry person wants someone to listen to their point of view.  To resolve the conflict, you need to acknowledge the feelings you hear so that the speaker knows you appreciate how angry they are.

    To be understood. An angry person wants someone to appreciate how they feel.  Therefore try to empathize with their experience so that they feel you understand the situation, and acknowledge their ‘right’ to feel the way they do.  This does not mean that you should agree with their justification.  You do want to remain neutral in the conflict and not pick sides.

    **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.

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

    Philmont Scout Ranch Deal
    Deal with the future

    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.

    Task #4: 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.

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

  • The ingredients of any conflict – Feelings & Emotions

    Emotional Journey

    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 feelings and emotions.

    Feelings and emotions – Many people let their feelings and emotions become a major influence over how they deal with conflict. Conflicts can also occur because people ignore their own or others’ feelings and emotions. Other conflicts occur when feelings and emotions differ over a particular issue.

    I began with “many people let their feelings and emotions become a major influence…” In reality, all people have emotional responses to conflict. Some are just not being honest with themselves. Pride is a major driver of the emotions. Feelings and emotions impact the ability to resolve a conflict regardless of the value in dispute.

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

    **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_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.

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

  • Values – One of The ingredients of any conflict

    Values
    Values are important in conflicts

    The ingredients of any conflict – Values

    Values are important within 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 values.

    Values are beliefs or principles we consider to be very important. Serious conflicts arise when people hold incompatible values or when values are not clear. Conflicts also arise when one party refuses to accept the fact that the other party holds something as a value rather than a preference. To resolve the conflict, clarify each party’s values.

    Values influence perceptions and at times it is hard to distinguish the two concepts. In resolving conflicts, it is easier to equate the two in order to bring resolution. Just be aware that values influence perceptions.

    Just looking at a common definition of the word will help: the regard that something is held to deserve; the importance, worth, or usefulness of something. Likewise – a person’s principles or standards of behavior; one’s judgment of what is important in life. Useful synonyms: principles, ethics, moral code, morals, standards, code of behavior.

    **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.

  • The ingredients of any conflict – Power

    Power
    Power is an ingredient of conflict

    The ingredients of any conflict is power

    The ingredients of any conflict is power. 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 power.

    Power – How people define and use power is an important influence on the number and types of conflicts that occur. This also influences how conflict is managed. Conflicts can arise when people try to make others change their actions or to gain an unfair advantage.

    Power is a powerful human motivation. In difficult conflicts, there are only two real reasons we as humans act.

    One is for stimulation.

    The other and more important one is to establish the perception of control of the situation.

    We are all looking for control of our situation. Everyone wants to establish or reestablish the perception of control.
    **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.

  • Ingredients of conflict – Perceptions

    Perceptions out the window of alcatraz.
    Perceptions are important

    The ingredients of any conflict – Perceptions

    Perceptions are part 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 perceptions.

    Perceptions – All humans interpret reality differently. They perceive differences in the severity, causes and consequences of problems. Misperceptions or differing perceptions may come from: self-perceptions, others’ perceptions, differing perceptions of situations and perceptions of threat. How something is framed will affect its perception. So in conflict resolution, reframing is an important task to get to a solution.

    Just by observing the news of the world, we can easily see that different people perceive a situation totally differently. The perceptions are influenced by different histories, geographic locations, religious values, etc. They are what we all bring to the table.

    **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.

  • 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.

  • 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.