Ken Strongman, Esq. – Mediator

The Long Game: Why the History of ADR is the Key to Your Future Litigation Strategy

Ken Strongman — Tue, 26 May 2026 16:01:00 +0000

Over the last few weeks, we’ve journeyed from the harmony-oriented teachings of Ancient China to the high-pressure dockets of 1970s America. The conclusion is inescapable: Alternative Dispute Resolution (ADR) is not a new legal experiment. It is a fundamental pillar of civilization stability. For the modern litigator, understanding this history isn’t just an academic exercise—it’s […]

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Survival of the Fittest: Choose Resolution Over War

Ken Strongman — Tue, 12 May 2026 16:00:00 +0000

In the early American colonies, the Puritans and Quakers didn’t use mediation because they were idealistic; they used it because they were pragmatic. In small, isolated communities facing “hostile natives, foreign armies, and unpredictable natural forces,” a long-drawn-out lawsuit was a luxury no one could afford. Conflict was a threat to survival.medi Disputes had to […]

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1976: How the “Four Horsemen” of Litigation Birthed Modern ADR

Ken Strongman — Tue, 21 Apr 2026 16:00:00 +0000

While ADR has ancient roots, the modern framework litigators navigate today was born out of necessity. Specifically, it was born out of a crisis within the American civil justice system with the Federal Arbitration Act. By the mid-1970s, the legal system was facing what I call the Four Horsemen of Litigation: overcrowded dockets, prohibitive costs, […]

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Ancient ADR Roots: ADR is Older Than Your Law School

Ken Strongman — Tue, 07 Apr 2026 16:00:00 +0000

In the heat of a high-stakes commercial litigation, it’s easy to feel like we are operating within a relatively modern framework. We cite recent precedents and navigate current statutes. But if you think Alternative Dispute Resolution (ADR) is a 20th-century “innovation” designed to lighten judicial workloads, you’re missing the forest for the trees. History tells […]

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The Strategic Mandate: When to Litigate vs. When to Mediate

Ken Strongman — Tue, 06 Jan 2026 17:00:00 +0000

Every litigator faces a critical strategic decision with a new commercial case: Is this a dispute that must be adjudicated, or is it one that can—and should—be settled? While some disputes require black-robed judges and a full trial review to establish new law or address major societal problems, a significant quantum of civil disputes can […]

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Beyond the Courthouse: Defining & Deploying the ADR Tool Kit

Ken Strongman — Sun, 16 Nov 2025 22:43:04 +0000

When litigators think of Alternative Dispute Resolution (ADR), they often picture a single, last-minute mediation held “on the courthouse steps.” While settlement discussions often intensify as trial approaches, this narrow view fails to capture the immense power and flexibility of ADR as a continuous, procedural tool. ADR is not a single event; it is an […]

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The Burger Prophecy: Why Litigators Must Embrace ADR as Client Relief

Ken Strongman — Tue, 04 Nov 2025 18:00:00 +0000

Three decades ago, then United States Supreme Court Chief Justice Warren Burger issued a powerful dictum that every litigator should internalize: “People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.” As a seasoned commercial mediator, I see the truth of this statement daily. Your clients, […]

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

Ken Strongman — Thu, 13 Mar 2025 16:00:00 +0000

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. Aggressive or Hostile Behavior […]

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Unveiling Conflict Resolution: Understanding Essential Needs

Ken Strongman — Thu, 13 Feb 2025 17:00:00 +0000

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 […]

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How Good Mediators Resolve Disputes Effectively

Ken Strongman — Thu, 16 Jan 2025 17:00:00 +0000

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 […]

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