What’s wrong with the other side’s case? - Ken Strongman, Esq.

Embarking on the journey of dispute resolution is akin to a strategic chess match, with each move meticulously planned and executed. Yet, amidst the flurry of preparations, there lies a pivotal question waiting to be answered: “What’s wrong with the other side’s case?” This question serves as a beacon, guiding litigators through the maze of mediation with a clear focus on dissecting the weaknesses of their opponent’s argument.

The resolution of a dispute does not merely transpire within the confines of the mediation room. Each participant bears the responsibility of crafting a robust negotiation strategy well in advance. Drawing from my extensive experience as a mediator, I’ve outlined a series of imperative tasks that every participant must undertake and discuss with both their legal counsel and the mediator before stepping into the negotiation arena.

These tasks and the ensuing discussions with the mediator are shrouded in confidentiality, safeguarded by the sanctity of Attorney-Client privilege and mediation confidentiality provisions enshrined within court rules, statutes, and standards. However, amidst this veil of confidentiality, there lies a crucial moment – an opportunity for your attorney to pivot the introspection of your own case towards a critical analysis of the opposing argument. This entails meticulously listing and scrutinizing every flaw, every chink in the armor of the other side’s case. It’s a moment of revelation, a moment that could tip the scales of negotiation in your favor.

As you navigate the complex terrain of dispute resolution, remember that preparation is key. Engage in open dialogue with your legal team and leverage the expertise of a seasoned mediator like myself, Ken Strongman, to unlock the full potential of your negotiation strategy. Together, we can turn the tide of mediation in your favor. Contact me today and let’s embark on the path towards resolution with confidence and clarity.

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. https://www.themediationsociety.org/

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