Walnut Creek, 94597
Description of Practice
“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:
- The Mediation Society of San Francisco, Board Member
- Robert G. McGrath American Inn of Court, Board Member
- John F. Kennedy University, Paralegal Advisory Board
- Contra Costa Bar Association, Past Chair of the ADR Section
- Adjunct Law Professor
- Judge Pro Temp
He is a member of the following mediation panels:
- FINRA (Financial Industry Regulatory Authority)
- Third and Sixth Districts of the California Court of Appeals (the first district when it was active as well)
- Superior Court Panels: Alameda, Contra Costa, Solano, San Juaquin.
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)
- Juris Doctor, John F. Kennedy University School of Law, Walnut Creek, CA; Editor-in-Chief, John F. Kennedy University Law Review.
- Masters of Business Administration, Golden Gate University, emphasis in Information Systems/Computer Science, San Francisco, CA
- Bachelor of Science, University of California, Davis, Environmental Planning and Management (Urban & Regional Planning), Davis, CA
|11/2002||Tom Cain/Congress of Neutrals||Mediation and Facilitation – 25 hrs.|
|3/2005||Steven Rosenberg||Mediation Training – 36 hrs.|
|3/2007||Dana Curtis/3rd Dist. Court of Appeal||Appellate Mediation Training -32.5 hrs.|
|2/2008||Randall Wulff/Contra Costa Bar Assoc.||Presiding Over the WTC property Damage Appraisal – 1 hr.|
|Spring/2008||Dana Curtis/3rd Dist. Court of Appeal||Advanced Appellate Mediation Practice – 8 hrs.|
|6/2008||CCCBA/Ken Strongman||Successful Mediation w/ SRL – 1 hr.|
|10/2008||3rd Dist. Court of Appeal||How to draw decision trees during appellant mediation – 1.5|
|11/2008||Cal. Supreme Ct./ Bolt Hall||Arbitration and private judging- 1.5 Hrs.|
|4/2009||Dana Curtis/3rd Dist. Court of Appeal||Working with Difficult People – 6.75 hrs.|
|5/2009||Dana Curtis/3rd Dist. Court of Appeal||Insurance issues in Mediation -6.7 hrs.|
|10/2009||Peter Robinson/CCCBA||Meet the Perfect Storm-Mediation – 1 hr.|
|4/2010||Fresno Pacific Univ./Organizing Institute Center for Peacemaking and Conflict Studies||Mediation Victim Offender Reconciliation Program – 30 Hrs.|
|6/2010||Hon. Doug Swigart/CCCBA||Appellant Mediation- ADR- 1 hr.|
|9/2010||CCCBA||Mediating with Self Represented Litigants-1.5|
|9/2010||American Inn of Court||Ethics & Mediation-hr.|
|1/2011||3rd Dist. Court of Appeal||Decision Tree Analysis for Appellate Mediations-3 hrs.|
|2/2011||Justice Hanlon, ret./CCCBA||Dealing with Difficult Attorneys – 1 hr.|
|3/2011||Ron Kelly, Don Green, Gary Wiener, Paul Dubow||Mediation Roundtable-1 hr.|
|4/2011||Dana Curtis, Janet Martinez, Doug Noll/ 3rd Dist. Court of Appeal||Getting Unstuck: Understanding Barriers to Settle – Mediation- 14.50 hrs.|
|5/2011||Tom Cain & Ken Strongman/Congress of Neutrals||ADR Mediation, Arbitration and Negotiation for Lawyers Mediators and Arbitrators – 39 hrs.|
|3/2012||The Mediation Society of San Francisco||Mediator Ethical Dilemmas: challenging Situations – 1.5 hrs.|
|4/2012||The Mediation Society of San Francisco||Insurance issues in Mediation – 1.5 hrs.|
|6/2012||The Mediation Society of San Francisco||Call for Evidence-based Standards for Mediator Quality – 1.5 hrs.|
|3/2013||Ron Kelly||Binding Mediation Dream or Nightmare – 1.5 hrs.|
|5/2013||3rd Dist. Court of Appeal||CEQA Mediation – 1.5 hrs.|
|10/2013||Doug Noll||What Murderers Can Teach us about mediation – 1 hrs.|
|2/2014||The Mediation Society of San Francisco||Working with Insurance Issues in Mediation – 1.5 hrs.|
|3/2014||The Mediation Society of San Francisco||Resolving Construction Disputes in Real Time Using Dispute Resolution Boards – 1.5 hrs.|
|3/2015||Malcolm Sher/Ken Strongman||The End Game of Mediation – 7.5 hrs.|
|3/2015||The Mediation Society of San Francisco||How Mediators can Keep Liability Insurance Companies’ Priorities from Derailing Settlement – 1.5 hrs.|
|3/2017||Dana Curtis/3rd Dist. Court of Appeal||Breaking Through, Avoiding and Overcoming Roadblocks to Resolution in Appellate Mediation – 2.25 Hrs.|
|6/2017||The Mediation Society of San Francisco||A Matter of Trust: the Challenges of Mediating Inheritances Disputes – 1.5 hr.|
|4/2018||Dana Curtis/3rd Dist. Court of Appeal||Mediation Boot Camp: Advanced Training for Appellate Mediators – 10 Hrs.|
|5/2018||Howard Herman/US District Ct. Northern Ca. Alternative Dispute Resolution Program||Special Ethical Problems When Mediating Cases Involving Statutory Fee Shifting Provisions – 1.5 hrs.|
|6/2018||Ron Kelly||Want to Get Them Ready to Settle Before They Ever Arrive? – 1.5 hrs.|
|5/2019||Colin Rule/The Mediation Society||Online Dispute Resolution: Introducing the Fourth Party – 1.5 hrs.|
|6/2019||Colin Rule/Janet Martinez/Santa Clara U. School of Law||System Design & Online Dispute Resolution – 12.5 hrs.|
|7/28/19||Colin Rule, Janet Martinez, Clare Fowler/Santa Clara U. School of Law||Mediating Online – 14.75 hrs.|
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.
$525 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 $1,500 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.
Areas of Practice
- Boundary Disputes
- Civil (general)
- Estate Planning
- Intellectual Property
- Labor – Management
- Land Use
- Landlord – Tenant
- Legal Malpractice
- Natural Resources
- Oil and Gas
- Online Mediation
- Products Liability
- Real Estate
- Sexual Harrassment
- Trust Management
- Mediating Lawyer
- Online Mediator
- Advanced Mediation Trainer
- Mediation Consultant
- Mediation Trainer
- Strategic Planning
- Online Arbitrator