~Newsletter~
Spring 2015, Volume 5
Tim Corcoran
REDLANDS
 ARBITRATION AND MEDIATION SERVICES, INC.
Mediation
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:
Tim Corcoran
Girardi and Keese
Greene, Broillet, et al.
Walter Clark Legal Group
Welebir, Tierney and Weck
Shawn Steele and Associates
Kottler and Kottler
Michael Sciffidi (L/O)
Younger and Associates
Jeremy Hanson (L/O)
Heiting and Irwin
Fullerton, Lemann et al.
Sweeny & Sweeny
Blomberg, Benson and Garrett.
“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
For Scheduling Call
909.798.4554
Lewis, Brisbois Bisgard, et al.
Murchison and Cumming
Homan and Stone
Bonnie Moss & Associates
Kim Bensen (L/O)
Patrick McDonough (L/O)
Marc Hawkins (L/O)
Vivian Schwartz (L/O)
Mark Julius (L/O)
McClaugherty & Associates
Winet, Patrick, Gayer, et al.
The Hanover Law Office
Graves & King
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
“A negotiator should observe everything.
You must be part Sherlock Holmes, part Sigmund Freud” ~ Victor Kiam
Presidential Coincidences?
Abraham Lincoln
John F. Kennedy

Abraham Lincoln was Elected to Congress in 1846

John F. Kennedy was Elected to Congress in 1946

Lincoln was elected President in 1860

Kennedy was elected President in 1960

Lincoln’s Secretary was named Kennedy

Kennedy’s Secretary was named Lincoln

Andrew Johnson, who succeeded Lincoln, was born

Lyndon Johnson, who succeeded Kennedy, was born in
in 1808

1908
John Wilkes Booth, who assassinated Lincoln, was

born in 1839 and has 15 letters in his name
Lee Harvey Oswald, who assassinated Kennedy, was born
in 1939 and has 15 letters in his name

Lincoln was shot a theater named Ford

Kennedy was shot in a “Lincoln” car made by Ford

Lincoln was shot in a theater and the assassin ran to

Kennedy was shot from a warehouse and the assassin ran
a warehouse
to a theater

Lincoln was shot in the head

Kennedy was shot in the head

Lincoln died in a place beginning with the letters

Kennedy died in a place beginning with the letters
P & H: Peterson Home
P & H: Parkland Hospital
Breakfast Choices…It’s All in the Process…!!
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
In
situations where the dispute is about money and there are not any collateral hidden issues (e.g. client control, serious liability
trend.
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 Breakfast
entrée is aBuffet
direct,
short mediation
process
is appropriate. This can be accomplished in less
The Weekend
Champagne
is evaluative
appropriateand
in certain
instances,
while the
than twoBig
hours.
Deluxe
Breakfast is a good choice too and, more often than not, the Skier’s Breakfast
with
an egg, where
cheesethe
and
Canadian
bacon
on a croissant
is theclients
best choice.
In situations
cases
are more
complicated,
perhaps
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!
Negotiating with Difficult People
Whether you are negotiating with a family member,
easy to use tools to overcome the most difficult
steps for dealing with the difficult opponent.
Go to the Balcony. When someone pushes your
higher place where you can look down objectively on
a colleague or the most obnoxious counterpart there are some
conversations. In Getting Past No, William Ury sets forth five
Disarm them by Stepping to Their Side. Instead
ask questions to try to understand their perspective.
of listening just to respond to the other side, listen carefully;
button, don’t get angry. Instead, take yourself mentally to a
the dispute and plan your response.
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?




“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





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
Interesting Facts About…
Major League, For the Love of the Game, & The Sandlot
The U.S.
Presidents

“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 wellwishers 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
The biggest communication problem is we do not listen to understand.
We listen to reply!
Tim is insightful and courteous with a highly
respected reputation as a skilled and evenhanded neutral. He has an uncanny ability to
analyze strengths and weaknesses of a case,
and the ability to persuade and close the deal”
“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
Howard Slavin—Lewis, Brisbois, Bisgaard and Smith
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