Ken Strongman, Esq. – Mediator

Tag: securities

  • 10 Ways Attorneys Sabotage Mediation (and How to Avoid Them)

    10 Ways Attorneys Sabotage Mediation (and How to Avoid Them)

    Attorneys Sabotage Mediation

    Attorneys can unintentionally derail the resolution process during mediation. In “10 Ways Attorneys Sabotage Mediations (and How to Avoid Them)”, we explore common missteps—like unrealistic expectations or ignoring the mediator’s guidance—and provide actionable strategies to keep negotiations on track. Here’s how to identify and avoid these pitfalls for more successful outcomes. 

    1. Aggressive or Hostile Behavior

    How It Sabotages: An adversarial stance escalates tension and hinders constructive dialogue. 

    How to Avoid It: Attorneys should focus on collaboration, maintain professionalism, and prioritize shared interests over rigid positions. 

    1. Lack of Preparation

    How It Sabotages: Poor preparation leads to misinformation, wasted time, and unmet expectations. 

    How to Avoid It: Attorneys must thoroughly prepare by gathering key documents, understanding client goals, and crafting negotiation strategies in advance. 

    1. Failure to Listen

    How It Sabotages: Missing critical information or signals can derail the negotiation process. 

    How to Avoid It: Actively listening, seeking clarification, and validating opposing parties’ concerns fosters trust and ensures progress. 

    1. Unrealistic Expectations

    How It Sabotages: Setting unattainable goals can lead to client frustration and stalled negotiations. 

    How to Avoid It: Manage client expectations with honest assessments of risks, potential outcomes, and alternatives. 

    1. Inflexibility

    How It Sabotages: Refusing to deviate from a set position limits opportunities for compromise. 

    How to Avoid It: Stay open-minded and explore creative solutions to achieve mutually beneficial outcomes. 

    1. Excessive Focus on Legal Arguments

    How It Sabotages: Overemphasizing legal precedent overlooks practical solutions and underlying interests. 

    How to Avoid It: Balance legal considerations with a focus on workable resolutions that satisfy all parties. 

    1. Lack of Empathy

    How It Sabotages: Failing to understand or acknowledge opposing perspectives undermines trust and rapport. 

    How to Avoid It: Attorneys should practice empathy by considering the emotions and viewpoints of all parties involved. 

    1. Failure to Control Emotions

    How It Sabotages: Letting emotions take over escalates conflict and derails negotiations. 

    How to Avoid It: Attorneys should stay calm, manage emotions professionally, and prioritize constructive communication. 

    1. Inadequate Client Communication

    How It Sabotages: Misunderstandings and distrust can arise from poor attorney-client communication. 

    How to Avoid It: Ensure regular, clear communication about the mediation process, client options, and realistic outcomes. 

    1. Ignoring the Mediator’s Guidance

    How It Sabotages: Disregarding mediator input prolongs conflict and undermines the process. 

    How to Avoid It: Respect the mediator’s role and consider their suggestions as valuable tools for resolution. 

    By recognizing these pitfalls and implementing these preventive strategies, attorneys can improve the mediation process, ensuring more effective and successful resolutions.

    Ready to make your mediation process more effective? Trust Ken Strongman, an experienced mediator, to guide your negotiations and achieve successful resolutions. Contact Ken today to ensure a smooth and productive mediation experience!

    About 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 and president of The Mediation Society.

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

    © 2025 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • Unveiling Conflict Resolution: Understanding Essential Needs

    Unveiling Conflict Resolution: Understanding Essential Needs

    Needs – Needs are physical requirements essential to our well-being.

    In the realm of conflicts, one crucial element reigns supreme: needs. Picture conflicts as intricate recipes—needs, perceptions, power dynamics, values, and emotions form the quintessential ingredients. Yet, amidst this complex concoction, needs stand as the foundational component, driving the essence of every conflict scenario.

    Needs are fundamental physical requisites that underpin our well-being. When these necessities clash, conflicts emerge, whether it’s the disregard for others’ needs, neglecting our own, or overlooking group requirements. It’s pivotal not to conflate needs with desires; while desires are aspirations, needs are vital for survival.

    As conflicts reach their boiling points, needs often get obscured by the other conflict ingredients, becoming lost or buried. Hence, investing time to identify these needs becomes paramount, serving as a crucial step in conflict resolution.

    Navigating conflicts demands a keen understanding of their underlying needs. As a seasoned mediator, Ken Strongman specializes in unraveling these complexities. Are you ready to unlock the pathway to resolution? Reach out to Ken Strongman today, and take the first step towards transformative conflict resolution. Your journey to harmonious resolutions begins now!

    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.

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

    © 2025 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • How Good Mediators Resolve Disputes Effectively

    How Good Mediators Resolve Disputes Effectively

    Discover how a good mediator helps all parties resolve disputes effectively and amicably.

    A good mediator helps all parties resolve their disputes efficiently and amicably. But how do they do it? Effective mediation requires more than just listening and asking questions. It demands a skillful approach to building trust, managing dynamics, and guiding everyone toward resolution. Let’s explore what makes a mediator excel and how they ensure disputes are resolved in a fair and lasting way. 

    Good mediators build trust from the outset. They establish themselves as impartial facilitators, making each party feel understood and supported. By the end of the session, participants should see the mediator as a reliable guide who prioritizes their best interests. This trust enables mediators to persuade parties to make informed decisions that benefit everyone involved. 

    Managing power dynamics is another crucial aspect. Good mediators ensure that no one side dominates the process, creating a balanced environment where all voices are heard. They actively listen to concerns, fostering an atmosphere of mutual respect. At the same time, they strategically filter out unproductive comments, reframing incendiary statements into constructive dialogue. This approach keeps discussions focused and forward-moving. 

    A strong mediator helps each party recognize the other’s needs and motivations. By encouraging empathy and understanding, they make it easier for participants to find common ground. This process often begins before the mediation session, with the mediator educating parties about the reasonable needs of their opponents. It continues throughout the mediation, emphasizing shared interests and potential solutions. 

    Reality-checking is another powerful tool in a mediator’s arsenal. A skilled mediator educates participants about the risks of failing to resolve the dispute, including the potential worst-case scenarios. This awareness motivates parties to work toward a resolution rather than prolong the conflict. 

    Flexibility defines a good mediator’s approach. Whether through direct negotiation, brainstorming creative solutions, or facilitating difficult conversations, mediators use every reasonable tool at their disposal to achieve resolution. They remain adaptable, adjusting strategies to meet the unique needs of the situation. 

    Ultimately, good mediators guide all parties toward a resolution that works for everyone. Their expertise, impartiality, and persistence transform contentious disputes into collaborative solutions. This not only resolves immediate conflicts but also fosters long-term relationships and understanding. 

    If you’re ready to resolve your dispute with the help of a skilled mediator, contact Ken Strongman today. With years of experience and a proven approach, Ken will guide you through the mediation process, ensuring a resolution that benefits all parties. Don’t let conflict linger—reach out now to take the first step toward resolution.

    About 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 and past president of The Mediation Society.

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

    © 2025 Ken Strongman. All Rights Reserved. Please do not copy or repost without permission.

  • The Role of a Commercial Mediator

    The Role of a Commercial Mediator

    commercial mediator
    Commercial Mediator – pexels-khwanchai-phanthong-4175023.jpg

    In today’s business world, disputes and conflicts are a common occurrence. When parties in a commercial dispute cannot find a resolution on their own, they often turn to a commercial mediator for assistance such Ken Strongman. As a commercial mediator he is a neutral third party who facilitates communication and negotiation between the parties to help them reach a mutually acceptable agreement. This blog post will discuss the role of a commercial mediator and how they can benefit your business.

    The Role of a Commercial Mediator

    The role of a commercial mediator is to help parties in a dispute reach a resolution that is mutually acceptable. The mediator does not take sides or make decisions for the parties. Instead, they facilitate communication and negotiation between the parties to help them find common ground. A commercial mediator’s role is to listen to both parties’ concerns and guide them towards finding a solution that meets their needs.

    Benefits of Using a Commercial Mediator

    Using a commercial mediator has many benefits for businesses. Here are a few:

    Saves Time and Money

    Commercial mediation is typically less expensive and time-consuming than going to court. Mediation can be scheduled at a time that is convenient for all parties involved, and it is often resolved within a few sessions.

    Preserves Relationships

    Mediation can help preserve business relationships that might otherwise be destroyed by the dispute. Since mediation focuses on finding a mutually acceptable solution, it is often easier for parties to continue working together after the dispute is resolved.

    Confidentiality

     Mediation is a private process, and the parties can agree to keep the details of the dispute confidential. This can be particularly important for businesses that want to avoid negative publicity or damage to their reputation. Confidentiality is enforced by law.

    Control

    Parties in mediation have more control over the outcome than they would in court. In mediation, the parties have the power to craft a solution that meets their unique needs and interests.

    Conclusion

    Commercial mediation is a valuable tool for businesses that are involved in a dispute. My role as a commercial mediator is to help parties communicate and negotiate in a way that leads to a mutually acceptable solution. By using a commercial mediator, such as myself, businesses can save time and money, preserve relationships, maintain confidentiality, and retain control over the outcome. If your business is involved in a dispute, consider using a commercial mediator like Ken Strongman, to help you find a 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.

    #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.

  • Unveiling Conflict Resolution: Understanding Essential Needs

    Unveiling Conflict Resolution: Understanding Essential Needs

    In the realm of conflicts, one crucial element reigns supreme: needs. Picture conflicts as intricate recipes—needs, perceptions, power dynamics, values, and emotions form the quintessential ingredients. Yet, amidst this complex concoction, needs stand as the foundational component, driving the essence of every conflict scenario.

    Needs are fundamental physical requisites that underpin our well-being. When these necessities clash, conflicts emerge, whether it’s the disregard for others’ needs, neglecting our own, or overlooking group requirements. It’s pivotal not to conflate needs with desires; while desires are aspirations, needs are vital for survival.

    As conflicts reach their boiling points, needs often get obscured by the other conflict ingredients, becoming lost or buried. Hence, investing time to identify these needs becomes paramount, serving as a crucial step in conflict resolution.

    Navigating conflicts demands a keen understanding of their underlying needs. As a seasoned mediator, Ken Strongman specializes in unraveling these complexities. Are you ready to unlock the pathway to resolution? Reach out to Ken Strongman today, and take the first step towards transformative conflict resolution. Your journey to harmonious resolutions begins now!

    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.

    #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.

  • Arbitrator’s Duty to Avoid Potential Conflicts

    There needs to be an absolute appearance of being impartial.
    avoid conflicts

    Arbitrator’s Duty to Avoid Potential Conflicts

    Upon accepting an appointment, arbitrators should always avoid entering into any financial, business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias. For example, an arbitrator should not accept any engagement involving a party while an arbitration case is pending, nor do so for a reasonable period of time after the case concludes. Likewise, arbitrators should disclose previous cases for which they were retained that involved any party, counsel or witness in the current 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.

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

  • Arbitrator’s Duty to Neutrality

    Duty to be impartial and neutral.
    Duty to be impartial and neutral.

    Arbitrator’s Duty to Neutrality

    It is the Arbitrator’s duty to be impartial and neutral throughout a proceeding. Impartiality extends to parties, counsel, agents, witnesses, co-panelists and even the type of case involved. Arbitrators must be impartial in both appearance and in fact. Arbitrators are viewed by parties in an arbitration case much as a judge would be viewed in a court of law. In some ways, arbitrators have greater power than a judge for example except for limited reasons; arbitration awards generally cannot be appealed. Therefore, it is particularly important in arbitration that the forum be fair and be perceived to be fair.

    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.