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About Tim….. Background
Experienced Top 50 Neutral; Over 6500 ADR cases ADR Training….Harvard and Pepperdine Law Schools,
Judicate West and Jams
What I Do
I settle cases; I am creative, patient and I NEVER give up! I settle eight figure cases and I settle four figure cases!
No case is too big OR too small!
Clients
Commercial, Real Estate, Employment, Civil Rights, Personal Injury/Death, Insurance Coverage and Bad Faith cases.
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
Tim Corcoran Mediation
Tim Corcoran
1. Tell the mediator what you want 2. Identify any obstacles 3. Discuss probable solutions A motion for summary judgment with the first page replaced with one which reads
“Confidential Mediation Brief” a mediation brief it DOES NOT make! Nor does the document which recites every single fact including verbatim notes of medical visits or every line of a contract. The goal of the mediation brief is to tell the mediator what the problem is and what can be done to resolve the problem. First, identify the facts that have created the dispute, tell the mediator what you want and provide a strategy to obtain those results. Next, identify all the perceived obstacles preventing you from achieving your clients goals. For example, a plaintiff is hit by a car while walking across the street in a crosswalk. The obstacle is that the plaintiff forgot to put on his glasses, had a blood alcohol level of .20 and didn’t see the defendant approaching. You will want to address how to overcome the BAC level, and the inability to see the approaching vehicle! Other obstacles may include hidden agendas of the client, emotion or economic concerns and sometimes the facts of the case or the law can be obstacles. Tell the mediator what you want, identify any obstacles and discuss probable solutions.
Your brief should also indicate the status of the litigation and any prior settlement discussions.
Mediation Briefs - What to Send the Mediator
REDLANDS ARBITRATION AND MEDIATION SERVICES, INC.
For Scheduling Call
909.798.4554
~Newsletter~ Fall 2014, Volume 4
“If you think it’s expensive to hire a professional to do the job, wait until you hire
an amateur” ~ Red Adair
High profile law enforcement claim of discrimination, sexual harassment and wrongful termination
HOA dispute with neighbors, obstruction of view, bylaws violations and Board misconduct
Failure to monitor MS patient with tracheostomy tube placement; hemorrhage and death
Fire subrogation claims involving spontaneous combustion of linens; defective appliances; multiple party distribution; mis-use of product and indemnity claims
A young disabled wheelchair bound student left unattended rolled down a hill and over a curb and sustained injuries
Breach of contract, fraudulent inducement, misrepresentation involving one seller and two foreign buyers all represented by same agent
Sexual battery on students by teachers off campus
Personal injury and workers compensation claims against management company and multiple business tenants coupled with various types of indemnity, additional insured and causation issues
Tim’s Top 10 Legal Movies
1. 12 Angry Men (1937) Henry Fonda, Lee J. Cobb, Ed Bagley
2. My Cousin Vinny (1992) Joe Pesci, Marisa Tomei 3. Paper Chase (1973)
Timothy Bottoms, Lindsay Wagner 4. A few Good Men (1992)
Tom Cruise, Jack Nicholson 5. JFK (1991)
Kevin Costner, Tommy Lee Jones 6. Primal Fear (1996)
Richard Gene, Edward Norton 7. Presumed Innocent (1990)
Harrison Ford, Paul Julia 8. The Verdict (1982)
Paul Newman, Jack Warden 9. And Justice for All (1979)
Al Pacino, John Forsythe 10. A Civil Action (1998)
John Travolta, Robert Duvall
HONORABLE MENTION Legally Blonde; To Kill a Mockingbird; Judgment at Nuremburg; Philadelphia; The Client; Erin Brockovich; Inherit the Wind; The
Firm; Jagged Edge; Kramer v Kramer
Some Recent Cases I Have Successfully Mediated
Crazy Laws
It’s against the law in Cedar City, Utah to drink beer
if your shoelaces are untied!
In Oklahoma, you can be fined for making funny
faces at dogs!
In Downy, California, more than two police officers
are prohibited from gathering at the same doughnut
shop at the same time!
Golf Humor
“You shoulda seen it, mom. Dad got to hit balls more than anybody” ~ Dennis the Menace
“The best year of life was when I was 11. I won 32 that year – Everything’s been downhill since” ~ Tiger Woods
I asked my caddy if I had a shot to the green. He replied, “Mr. Corcoran, I would say you
have several shots to the green.”
Avoiding Buyer’s Remorse
Have you ever shopped and found the greatest looking briefcase or purse and after a little haggling you were able to get the purchase price reduced from $600 to $425? Then the next day you found the same item for $325! Buyer’s remorse (you paid too much for something) is just as frustrating as seller’s remorse (you sold for too little). The negotiation that took place over a period of ten minutes or less could haunt you for years. People come to mediation for a processed negotiation. It is the neutrals responsibility to identify the interests, goals and strategy of each of the parties. After identifying what the parties want, the neutral can better able design a process for the parties to work through to resolution. During the negotiation process the parties will make constructive moves at their own pace, exercising quid pro quo moves to begin to establish confidence in the process. Whether the negotiation requires several moves or only a few moves, it is important that the parties perceive they have achieved something and that the negotiation is fair. The mediator is responsible for the timing of the process. When done correctly, each of the parties will have the confidence that the negotiation process went well and they achieved a fair resolution….. And no buyer’s or seller’s remorse!
• Takeaways •
I. Engage in strategic process II. Develop confidence during negotiation III. Perceive fairness in result
October 2, 2014. WSCBCA Installation of Officers and Awards
Ceremony. 5:30pm at the DoubleTree by Hilton, Ontario, CA. Call
(909) 483-0548 for more details.
October 10, 2014. SBCBA Annual Bench-Bar Golf Tournament. Yucaipa
Valley Golf Club. 12:30-8:30pm. Call (909) 885-1986 for more details.
October 23, 2014 SBCBA Annual Installation of Officers. Castaway
Restaurant. Call (909) 885-1986 for more details.
December 11, 2014 Annual Joint SBCBA and RCBA meeting with State
Bar President Craig Holden. The Hotel (formerly, The Hilton). Noon.
January 22, 23 and 24, 2015. CLE Blast. WSBCBA and La Verne
University School of Law. Ontario. More details latter.
“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
Real Newspaper Headlines
~Man Accused of Killing Lawyer Receives New
Attorney
~ Federal Agents Raid Gun Shop, Find
Weapons
~ Homicide Victims Rarely Talk to Police
~ 17 Remain Dead in Morgue Shooting Spree
~ Hospital Resorts to Hiring Doctors
~ Diana was Still Alive Hours Before she Died
The biggest communication problem is we do not listen to
understand. We listen to reply!
Calendar of Events . . .
“Diplomacy is the art of letting someone else have your way” ~ Sir David Frost
Tim’s Top 10 Most Inspirational Sports Movies
1. The Greatest Game Ever Played (2005) Shia LaBeouf
2. Remember the Titans (2000) Denzel Washington
3. Seven Days in Utopia (2011) Robert Duval, Lucas Black
4. Rudy (1983) Sean Astin
5. Facing the Giants (2006) Alex Kendrick
6. Chariots of Fire (1981) Ian Charleson, Ben Cross
7. The Natural (1984) Robert Redford
8. Rocky IV (1985) Sylvester Stallone
9. Karate Kid (1984) Pat Morita, Ralph Macchio
10. The Blind Side (2009) Sandra Bullock
HONORABLE MENTION
Pride of the Yankees; Sandlot; Fear Strikes Out; Knute Rockne All American; Cool Runnings; Hoosiers; Invincible; Miracle
CINNABON Style Cinnamon Rolls
o Bridgeford premade frozen dough (thawed)
o Roll out on flour covered surface to 1/8th inch thickness
o Cover liberally with margarine, then layer on baker’s sugar, brown sugar and cinnamon
o Roll and cut into five pieces. Place in oiled round glass baking dish
o Let rise for three hours o Bake at 350⁰ for 18 minutes o Remove from oven and let cool for
15 minutes o Place on serving plate and liberally
apply a can of sour cream frosting
Redlands Arbitration and Mediation Services, Inc., 1710 Plum Lane, Suite C, Redlands, CA 92374
Phone: 909.798.4554 Fax: 909.798.4530 ∙ timc@mediate.com ∙ www.mediate.com/rams
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