“Mediation is Conflict at its best”
Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004.
As a full-time, mediator and arbitrator, Ken Strongman works to unite people into purposeful and unified directions, actions, and efforts by getting under surface appearances. By doing so, he facilitates the parties in developing their unique solutions. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates.
Ken Strongman has mediated full time since 2004. Besides an active mediation practice, he is a mediation trainer, and adjunct professor teaching and mentoring new mediators. He routinely speaks and writes on the subject as well.
Successful Mediation Examples:
Real Estate. Appellant mediation: partners of an incomplete $40 million real estate development disagreed on who owned it and who would go forward with it.
Construction Defects. HOA v. contractor. The original contract was between the old HOA Board, and the contractor performed work under the new HOA Board. The new Board said the work was not to their specs even though it met municipal code standards.
Business. Appellant mediation: a national construction products manufacturer acquired a California manufacturer. A multi-million-dollar dispute arose with the acquired company claiming breach of contract, wrongful termination, breach of fiduciary duty, and accounting errors. Before mediation, the parties had participated in 2 private mediations, 4 settlement conferences, and received a jury verdict for the acquiring company after a 5-week trial.
Securities. A mediation involving a dispute over a 150-million-dollar portfolio.
Employment. Dispute regarding firm providing for disabilities for an employee.
Technology and Intellectual Property. A pre-litigation mediation, a $6 million dispute arose after the acquisition of a high-tech company. The contract “recipe” for an adhesive was different from the “real recipe”.
Ken Strongman has mediated full time since 2004 and is active in the legal community:
He is a member of the following mediation panels:
Bar Admissions: State Bar of California, Bar #215483; U.S. District Court for the Northern District of California (federal); U.S. Court of Appeals for the Ninth Circuit (federal)
Ken’s Mediation Process
Ken Strongman’s overarching purpose is to leave the disputing parties in a better position than when they came to him, by having a major part of helping people to be uniquely outstanding in their own way raising them to their next best level.
Leadership: He is a proven leader performing mediations and teaching others the best practices of the profession; in addition, he has strong roots in the community in service organizations and board memberships.
Goals: Ken accomplishes this by joining people into a purposeful and unified direction, action or effort, working directly with people, either groups or individuals, communicating ideas, positions, opinions, proposals, and information.
Vision: He helps others plan, by helping them visualize future success by translating intangibles in to a picture that is original and distinctive – developing a strategy to achieve an end.
Investigation: Ken works hard investigating, getting under surface appearances gathering information not necessarily provided. The process is to find out things by going to people and inquiring of them either by formally interviewing them or starting a casual conversation which leads to picking their brains.
$625 per hour. Fees are charged for time spent in preparation for the mediation (consulting with the parties, reviewing briefs/statements, site inspection, etc.), the mediation session, telephone calls, and travel time if beyond the San Francisco Bay Area.
A refundable deposit of $1,800 from each party must be received before the date and time of the mediation session will be confirmed or at least 10 business days before the mediation session. Any additional fees incurred are due and payable upon receipt of the invoice. If the invoice is not paid within 30 days of the date of the invoice, a 1% per month compounding late fee will be applied.
