4
Tim Corcoran Mediation Tim Corcoran I frequently travel to many venues throughout Southern California and have mediations in Los Angeles, the San Fernando Valley, Orange, and San Diego Counties. If it is more convenient to bring the mediator to a central location for all parties and attorneys than I can accommodate your request. HAVE GAVEL WILL TRAVEL EMAIL OR CALL CORCORAN REDLANDS REDLANDS ARBITRATION AND MEDIATION SERVICES, INC. For Scheduling Call 909.798.4554 Things to know about Tim… Experienced Top 50 Neutral; Over 6500 ADR cases ADR Training….Harvard and Pepperdine Law Schools, Judicate West and Jams Commercial, Real Estate, Employment, Civil Rights, Personal Injury/Death, Insurance Coverage and Bad Faith cases. I settle eight figure cases and I settle four figure cases! I settle cases; I am creative, patient and I NEVER give up! No case is too big OR too small! Satisfied Law Firms who have used my services: Girardi and Keese Lewis, Brisbois Bisgard, et al. Greene, Broillet, et al. Murchison and Cumming Walter Clark Legal Group Homan and Stone Welebir, Tierney and Weck Bonnie Moss & Associates Shawn Steele and Associates Kim Bensen (L/O) Kottler and Kottler Patrick McDonough (L/O) Michael Sciffidi (L/O) Marc Hawkins (L/O) Younger and Associates Vivian Schwartz (L/O) Jeremy Hanson (L/O) Mark Julius (L/O) Heiting and Irwin McClaugherty & Associates Fullerton, Lemann et al. Winet, Patrick, Gayer, et al. Sweeny & Sweeny The Hanover Law Office Blomberg, Benson and Garrett. Graves & King “The single most powerful tool for winning a negotiation is the ability to get up and walk away from the table without a deal” ~Anonymous ~Newsletter~ Spring 2015, Volume 5

Tim Corcoran - Mediate.com Newsletter 2015 Vol 5.pdf · John F. Kennedy John F. Kennedy was Elected to Congress in 1946 Kennedy was elected President in 1960 Kennedy’s Secretary

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Tim Corcoran - Mediate.com Newsletter 2015 Vol 5.pdf · John F. Kennedy John F. Kennedy was Elected to Congress in 1946 Kennedy was elected President in 1960 Kennedy’s Secretary

Tim Corcoran Mediation

Tim Corcoran

I frequently travel to many venues throughout Southern California and have mediations in Los Angeles, the San Fernando Valley, Orange, and San Diego Counties. If it is more convenient to bring the mediator to a central location for all parties and attorneys than I can accommodate your request.

HAVE GAVEL WILL TRAVEL

EMAIL OR CALL CORCORAN

REDLANDS

REDLANDS ARBITRATION AND MEDIATION SERVICES, INC.

For Scheduling Call

909.798.4554

Things to know about Tim… Experienced Top 50 Neutral; Over 6500 ADR cases ADR Training….Harvard and Pepperdine Law Schools,

Judicate West and Jams Commercial, Real Estate, Employment, Civil Rights,

Personal Injury/Death, Insurance Coverage and Bad Faith cases.

I settle eight figure cases and I settle four figure cases! I settle cases; I am creative, patient and I NEVER give up!

No case is too big OR too small! Satisfied Law Firms who have used my services:

Girardi and Keese Lewis, Brisbois Bisgard, et al. Greene, Broillet, et al. Murchison and Cumming Walter Clark Legal Group Homan and Stone Welebir, Tierney and Weck Bonnie Moss & Associates Shawn Steele and Associates Kim Bensen (L/O) Kottler and Kottler Patrick McDonough (L/O) Michael Sciffidi (L/O) Marc Hawkins (L/O) Younger and Associates Vivian Schwartz (L/O) Jeremy Hanson (L/O) Mark Julius (L/O) Heiting and Irwin McClaugherty & Associates Fullerton, Lemann et al. Winet, Patrick, Gayer, et al. Sweeny & Sweeny The Hanover Law Office Blomberg, Benson and Garrett. Graves & King

“The single most powerful tool for

winning a negotiation is the ability to get up and walk away from the table without a deal”

~Anonymous

~Newsletter~ Spring 2015, Volume 5

Page 2: Tim Corcoran - Mediate.com Newsletter 2015 Vol 5.pdf · John F. Kennedy John F. Kennedy was Elected to Congress in 1946 Kennedy was elected President in 1960 Kennedy’s Secretary

“A negotiator should observe everything. You must be part Sherlock Holmes, part Sigmund Freud” ~ Victor Kiam

In situations where the dispute is about money and there are not any collateral hidden issues (e.g. client control, serious liability apportionment or other complicating concerns) and the prospect of trial expense is unrealistic relative to the value of the case then the Skier’s Breakfast where the entrée is a direct, evaluative and short mediation process is appropriate. This can be accomplished in less than two hours.

In situations where the cases are more complicated, perhaps clients prefer to participate in the negotiation, maybe multiple defendants with tender of defense or indemnity issues or some other interests need to be discussed then the Deluxe Big Breakfast may be in order. Sophisticated, multi-party, complicated cases can experience the Weekend Champagne Breakfast Buffett where more time and mediator sophistication may be required.

Similar to the reality that some lawsuits cannot be tried because of attorney’s fees, expert’s fees and other trial related expenses some mediations simply don’t warrant the expense related to a true integrative interest based negotiation. In these cases the Skier’s Breakfast offering the shorter and more direct evaluative approach may be the appropriate process for your case.

When scheduling your case with my office tell us what you want and we will help schedule the appropriate process of 2 hour, 3 hour, 1/2 or Full day mediation. Bon appetite!

Breakfast Choices…It’s All in the Process…!!

John F. Kennedy John F. Kennedy was Elected to Congress in 1946

Kennedy was elected President in 1960

Kennedy’s Secretary was named Lincoln

Lyndon Johnson, who succeeded Kennedy, was born in

1908

Lee Harvey Oswald, who assassinated Kennedy, was born

in 1939 and has 15 letters in his name

Kennedy was shot in a “Lincoln” car made by Ford

Kennedy was shot from a warehouse and the assassin ran

to a theater

Kennedy was shot in the head

Kennedy died in a place beginning with the letters

P & H: Parkland Hospital

Abraham Lincoln Abraham Lincoln was Elected to Congress in 1846

Lincoln was elected President in 1860

Lincoln’s Secretary was named Kennedy

Andrew Johnson, who succeeded Lincoln, was born

in 1808

John Wilkes Booth, who assassinated Lincoln, was

born in 1839 and has 15 letters in his name

Lincoln was shot a theater named Ford

Lincoln was shot in a theater and the assassin ran to

a warehouse

Lincoln was shot in the head

Lincoln died in a place beginning with the letters

P & H: Peterson Home

Presidential Coincidences?

What do mediators prefer for breakfast? Answer: It doesn’t matter as long as it is well processed! Mediators and process go hand in glove. The process mediator’s use in negotiation can be critical to the outcome the parties pursue. Not every process style is well suited for every dispute.

The mediation process in the litigation arena has evolved significantly over the past thirty years in California. In the mid 80’s we went to a traditional settlement conference where we appeared before a judge who would give us his opinion and tell us what to do! Over the next twenty years formal dispute resolution training grew by leaps and bounds across the country and a side effect of the phenomena was an awareness of the emerging negotiation styles which seemed to permit the attorneys to develop negotiation strategies and permitted our clients to more effectively participate in the process.

But are we getting too smart for our own good? Thirty years later we all know the difference between distributive versus integrative bargaining as well as evaluative and facilitative styles. While the trend is to get away from traditional evaluative distributive bargaining towards integrative interest based negotiation it is not always appropriate to follow that trend. The Weekend Champagne Breakfast Buffet is appropriate in certain instances, while the Deluxe Big Breakfast is a good choice too and, more often than not, the Skier’s Breakfast with an egg, cheese and Canadian bacon on a croissant is the best choice.

Page 3: Tim Corcoran - Mediate.com Newsletter 2015 Vol 5.pdf · John F. Kennedy John F. Kennedy was Elected to Congress in 1946 Kennedy was elected President in 1960 Kennedy’s Secretary

Negotiating with Difficult People

Whether you are negotiating with a family member, a colleague or the most obnoxious counterpart there are some easy to use tools to overcome the most difficult conversations. In Getting Past No, William Ury sets forth five steps for dealing with the difficult opponent. Go to the Balcony. When someone pushes your button, don’t get angry. Instead, take yourself mentally to a higher place where you can look down objectively on the dispute and plan your response. Disarm them by Stepping to Their Side. Instead of listening just to respond to the other side, listen carefully; ask questions to try to understand their perspective. Change the Game: Reframe. When your difficult opponent is pushing you down a path you don’t want to go just change the game! Stop and simply go onto something else, i.e. what about those Dodgers??? Make it Easy to Say Yes. Look for ways to let your opponent save face and feel like he is getting his way! Build a Golden Bridge so he can gracefully retreat. Make it hard to Say No! Bring the other side to their senses, not their knees. Help them understand consequences and your alternatives and they may be open to reason. (See the full Harvard article on the RAMS website)

It’s Springtime, what’s your favorite Baseball Movie?

The Natural (1984) Robert Redford

The Pride of the Yankees (1942) Gary Cooper

The Sandlot (1993) Tom Guiry

Major League (1989) Charlie Sheen

Bull Durham (1988) Kevin Costner

A League of Their Own(1992) Tom Hanks, Madonna

For the Love of the Game (1999) Kevin Costner

Field of Dreams (1989) Kevin Costner

Angels in the Outfield Danny Glover

Tim’s Top 3

Major League, For the Love of the Game, & The Sandlot

Interesting Facts About…

The U.S. Presidents

“Let’s get this case mediated in the next two weeks! Who can we get?”

Call Last minute mediations…we will locate an available mediator for you. Tell us your

preferences, venue, price range and we will do the rest!

Call (909) 798-4524

Catholic

Mediators

Page 4: Tim Corcoran - Mediate.com Newsletter 2015 Vol 5.pdf · John F. Kennedy John F. Kennedy was Elected to Congress in 1946 Kennedy was elected President in 1960 Kennedy’s Secretary

Redlands Arbitration and Mediation Services, Inc., 1710 Plum Lane, Suite C, Redlands, CA 92374

Phone: 909.798.4554 Fax: 909.798.4530 ∙ [email protected] ∙ www.mediate.com/rams

“Teddy Bears” were so named when Theodore “Teddy” Roosevelt (1858-1919) refused to shoot a small bear cub one day. The incident was reported in the news, which inspired a toy manufacture to come out with cute stuffed animals

Ulysses S. Grant smoked at least 20 cigars a day and, after a brilliant war victory, a nation of well-wishers sent him more than 10,000 cigars. He later died of throat cancer!

Three Presidents died on July 4th: Thomas Jefferson (1826), John Adams (1826), and James Monroe (1831). Calvin Coolidge is the only President to have been born on the 4th (1872)

The first President to be born outside the original 13 States was Lincoln

The youngest president was Teddy Roosevelt who became President at age 42 when McKinley was assassinated. JFK was the youngest president elected at age 43

“In all my years of practice and hundreds of mediations, Tim Corcoran clearly stands out as one of the best in the business…” Mike Alder—Beverly Hills

Tim is insightful and courteous with a highly respected reputation as a skilled and even-handed neutral. He has an uncanny ability to analyze strengths and weaknesses of a case, and the ability to persuade and close the deal” Howard Slavin—Lewis, Brisbois, Bisgaard and Smith

The biggest communication problem is we do not listen to understand. We listen to reply!