Alternative Dispute Resolution (ADR) Experience:
Patrick C. Coughlan is one of the most experienced and successful mediators in the country and one of the few with substantial multi-party construction, catastrophic case, mass tort, and insurance coverage experience.
Pat is skilled at bringing people with divergent points of view together without playing favorites. He is able to build trust with all mediation participants in an effective and timely manner. Pat comes to a mediation thoroughly prepared, and the participants appreciate his understanding of the facts, the law, and each party’s perspective. His hard work, determination, and patience result in over 95% of settled cases.
Patrick Coughlan has mediated over six billion dollars worth of cases and is one of the few mediators who is asked to travel throughout world to help settle complex and difficult disputes.
His client list is a Who's Who of law firms, insurance companies, and Fortune 1000 Corporations. Patrick Coughlan travels throughout the United States in his work.
Pat’s first objective is to understand and appreciate each party’s point of view. Until participants to a mediation believe that they have been heard, little progress toward settlement can be made. Pat is a fully involved mediator who helps the parties focus on the facts and law. He sees his role as that of a “reality therapist” whose job it is to provide insights to participants and to help them focus on the risks of litigation. He has the unique ability to deliver “bad news” in a manner that keeps parties engaged.
Pat has mediated and successfully settled some of the most difficult and challenging cases in the country. Following are examples:
Construction / Commercial / Insurance:
Pat has developed a reputation as the “go to” person for large and difficult construction disputes. He probably has more experience in settling complex construction/design/insurance coverage matters than any other mediator. No case has proven too big or too complex for Pat to settle. His experience in designing ADR processes maximizes the chances of settling a case.
Examples of Construction Cases:
- World’s Largest Construction Mediation: "Big Dig" Central Artery Project (Boston, MA):
$14 billion construction project; Issues: construction defect, design defect, and insurance coverage / approximately forty cases--all settled
- World’s Busiest Passenger Airport Mediation:
Settled claims in excess of $125 million. Issues: design/build contract interpretation, completeness of design, scope of work, schedule, default, cure, and damages.
- Schools, Universities, Medical Centers (Various Locations):
All cases settled in $2 - $100 million range; Issues: negligent design and engineering, negligent construction, site conditions, rehab, HVAC
- Construction (Many Cases):
All settled in $1 to $150 million range; Examples: building rehab/heat & ventilation; bridges and highways; solid waste landfill engineering; negligent design and construction of sewage, water plants, and energy facilities (nuclear, gas, waste-to-energy, and wind;) airports, power plants, hotels, multi-unit condominiums, and college and professional sports facilities.
Personal Injury / Product Liability / Medical Malpractice /Professional Malpractice:
Pat’s record in resolving cases with challenging issues and emotionally invested participants is unsurpassed. He often ends up mediating cases, where other mediators failed to settle. Settling these types of cases takes someone such as Pat who has a unique ability to gain the trust of the parties. He is sympathetic, yet direct. The very disputes that attorneys believe cannot settle are the ones that they routinely refer to Pat.
Examples of Personal Injury / Product Liability / Medical Malpractice (Various Locations throughout the Country)
- Catastrophic Burn Case (Pennsylvania) Settled in excess of $10 million; Issues: liability, insurance coverage, and damages
- Product Liability / Personal Injury (Florida) Vehicle burn accident; Settled for $5 million.
- Product Liability / Wrongful Death (Florida) Vehicle faulty construction; Settled for $5 million.
- Product Liability / Personal Injury (Maine) Over the counter medication; Settled for $10 million.
- Nursing Home Negligence (Connecticut) Settled in excess of $2 million.
- Medical Malpractice (many cases) Examples: Infection Damage (Maine) Settled for $4 million; Birth Injury (New York) Settled for $3 million; Birth Injury (New Hampshire) Settled for $2 million.
- Legal, Accounting, Actuarial Malpractice (many and varied disputes)
Pat has mediated hundreds of discrimination, age, sex, and ADA claims. He is sensitive to the emotional component of such claims and guides participants toward a mutually satisfactory resolution. His patience and willingness to spend whatever time it takes results in settled matters. Many attorneys bring these cases to Pat even before suit has been filed.
- Employment (many cases) Issues: Whistleblower, Retaliation, Sexual Abuse, Civil Rights, Public and Private Contracts, Wrongful Discharge, all categories of Discrimination, including age, sexual, racial.
These are some of the most complex and difficult cases to mediate. “IP” cases tend to be in litigation forever and can be “bet the company” matters. Pat’s ability to comprehend the science and to help the parties appreciate the risks involved result in an unusually large number of settlements. He has mediated and settled well over 100 IP cases.
Examples of Intellectual Property:
Intellectual Property / Many Cases (issues involving a broad range of matters, including patent and copyright)
- copyright computer code (claim approx $60-80 million)
- extent of copyright for television programming (claim approx. $100 million)
- patent cases involving extent of patent coverage and breach thereof
- direct marketing venture
Because of Pat’s business background, he is able to communicate with executives in their own language. His grasp of financial information and his abililty to understand finances is a tremendous asset in settling contract, franchise, real estate, and security matters.
Examples of Business Disputes:
- Contract (North Carolina) Three Major Energy Companies / Settled for $3 million.
- Exclusive Distributor Contract
- Commission Agreement
- Partnership Disputes
- Director / Stockholder Actions
- International Institute for Conflict Prevention & Resolution, Member, Panels of Distinguished Neutrals
- International Mediation Institute
- International Academy of Mediators, Fellow, Director, Vice President, 1996-2005, Membership Chair, 1996-2001
- American College of Civil Trial Mediators, Fellow
- Financial Industry Regulatory Authority
- Member, Association for Conflict Resolution
- Maine Association of Mediators, President 1990-1992
- American Arbitration Association, Arbitrator
- Florida Academy of Professional Mediators,Diplomate Member
- Supreme Court of Florida Certified Circuit Court Mediator
- 2012 – The Best Lawyers in America, practice areas of Arbitration and Mediation
- 2010 – present: Best Lawyers, "Best Law Firms" Excellent ranking for Conflict Solutions
- 2010 - Super Lawyers, Corporate Counsel Edition, Practice Area: Alternative Dispute Resolution
- 2006 - present: The Best Lawyers in America in the specialty of Alternative Dispute Resolution
- 2006 - present: Florida Super Lawyer
- 2007 - present: New England Super Lawyer
- 2006 Designated one of "Lawdragon 500 Leading Judges in America" (Jan. 2006)
- Who's Who in America, 1982-Date.
- Who's Who in the World, 1983-1986; 2004-date.
- Who's Who in California, 1982-1985.
- Who’s Who in American Law, 2010 – date.
- Outstanding Service Award; World Affairs Council of Maine, 1989.
Writing and Speaking Engagements:
Mr. Coughlan has been a featured speaker at seminars throughout the country. Recent speeches include:
In the soon to be published A Practical Guide to Superior Court Practice in Maine, which will be part of the Massachusetts Continuing Legal Education/New England book series, Pat, along withDevon Coughlan, has authored the chapter on alternative dispute resolution.
Atlanta, GA (October) Annual American Bar Association Forum on Construction Law Conference / "Ethics in Mediation and Settlement Negotiations"
2010 Tucson, AZ (May) 49th Annual Meeting of Invited Attorneys (Co-Presenter and Publisher "Handling the Challenging Negotiation--Preparation and Resolution: Tricks for Experienced Practitioners"
Miami Beach, Florida (April) / USLAW NETWORK Membership Meeting and Client Conference/ (“Making the Most of Mediation”)
Published (June 19, 2008) Maine Lawyers Review, “Choosing the Right Mediator”
Chicago, IL (April) / DRI Insurance Coverage and Claims Institute/. (“Getting to Yes" - Mediating the Complex Coverage Case)
San Antonio, TX (June) / 44th Annual Meeting of Invited Attorneys /. (“Effective Mediation Advocacy: Making it Work for your Client”)
Bar Harbor, ME (June) 2005 Maine State Bar Association Summer Meeting / (“Settling the Giant Case”)
Montreal P.Q. (May) International Academy of Mediators Spring Education Conference / (Mediating the Billion Dollar Case)
Naples, FL (April) Minor League Club / (“How to Mediate and Settle Billion Dollar Disputes”)
Interview (February) “Place of Peace, more than ever,” by Paul Livingstone, Portland (Maine) Press Herald, February 10, 2005 (Interview of Patrick C. Coughlan)
Phoenix, AZ (March) American Bar Association (Settling Motor Vehicle Product Liability Litigation)
Boston, MA (March) Northeast Regional Conference, Massachusetts Bar Association, Young Lawyers’ Division ( Role of the Lawyer in Mediation)
Published (Fall 2004) American Bar Association's The Brief, "Why Mediation? Taking the Leap of Faith."
Other speaking engagements include: 2002 DPIC Loss Prevention Convocation, Vancouver, BC, Los Angeles County Bar, California Coastal Planners, California Business Law Institute, Lincoln Institute, University of Southern California, Maine Real Estate Forum, Kennebec Valley Bar Association, Bearings Group, Maine State Bar Association, National Business Institute, George Washington University: Personnel Law Update, and the International Academy of Mediators.
Teaching and presenting seminars to business and industry on the following subjects: negotiation skills; conflict management; and organizational development. Teaching and presenting seminars to non-profit groups and corporations on surviving in an era of limits (financial and other)
Maine State Bar, 1985-date, Florida Bar, 1965-date, California Bar, 1974-date, Supreme Court of the United States, 1968, United States Federal Court, Southern District of Florida, 1971 Central District of California, 1976.
President, Conflict Solutions, Raymond, Maine and Naples and Boynton Beach, Florida (1992-Present)
Richards, Watson & Gershon, Partner, Los Angeles, California, 1975-1982. Of Counsel, 1982-1985. Extensive experience representing various governmental agencies and corporations in construction, personal injury, land use, zoning, construction, land development, and environmental matters, as well as general business matters. Litigation experience in both Federal and State Courts. Litigation included personal injury, constitutional issues, inverse condemnation, labor law, zoning, construction, and numerous business matters.
Alley, Maass, Rogers, Lindsay, & Chauncey, Partner, Palm Beach, Florida, 1972-1974; Associate 1969-1971. Extensive experience in real estate, wills, probate, business.
Judge, Ocean Ridge, Florida, 1970-1972
Judge Advocate, USAF, 1965-1968. Command Prosecutor Third Air Force
Kingsley Pines Camp and Conference Center, Founder, President and Owner, 1984-2009.
Northern Pines Inc., President and Owner, 1980-1985
Atlantean Partners, Managing Partner, real estate investments and development, 1986-date
Atlantean Partners, LLC, Management Consulting, 2002-2009
Nova University, Commercial Mediation Training
Harvard School of Negotiation, Seminar on Negotiation
School of Law, Duke University, J.D. Academic Scholarship throughout law school. Moot Court.
Duke University,Undergraduate, B.A. Dean's List; Who's Who in American Colleges and Universities; Chairman, Court of Appeals; Vice President of Senior Class; Housemaster; Arnold Air Society; Distinguished Military Graduate; Varsity Lacrosse; Varsity Swimming.
Pingry School, High School, Elizabeth, N.J.
North Yarmouth Academy, President, Board of Trustees, Yarmouth, Maine, 1985-1989. Trustee, 1984-1993.
World Affairs Council of Maine, President, 1986-1989. Chair, Corporate Committee 1989-date. Trustee, 1985-1993.
Natural Resources Council of Maine, Treasurer, 1989-1992; Trustee, 1989-1993. Vice-President 1991-1992; Secretary 1990-1991.
Portland Stage Company, Trustee, 1989-1992.
Susan Curtis Foundation, Trustee, 1991-1998.
La Peninsula Condominium Association, Florida, Director, 1997-1998.
Maine Youth Camping Association, President, 1994-date; Vice-President, 1990-1992; Secretary 1989-1990.
League of Women Voters, Portland, Maine, Finance Chair and Board Member,1985-1986.
Board of Appeals, Raymond, Maine, Chairman,1984-1998; Member, 1982-1998.
Government Reorganization Committee, Raymond, Maine, Member,1984.
Planning Review Committee, Raymond, Maine, Member,1986-1987.
Gulf Stream School, Trustee, Gulf Stream, Florida, 1970-1988; Secretary, 1970-1984.
Parish Council,Our Lady of Perpetual Help, North Windham, Maine, President, 1983-1985. Member, 1983-1986.
Mountains Restoration Trust, Trustee, California, 1981-1982.
Duke University, Area Recruiting Representative, 1974-1975. Fund raising Representative, 1977-1982. Law School Placement Advisor, 1978-1982.
University of Southern Maine, Annual Fund Committee, 1990-1991.
Married to Joyce T. Coughlan; 3 grown children.
"I want to thank you for the effort you put into settling the...cases. I heard many positive compliments over the course of the day from insurance executives in the room, on the elevator and in the meetings. I personally felt you really made the difference. Thanks again." R.G.
"Pat, Thank you for your very helpful input in these past few weeks in the...case. You were instrumental in getting the case resolved, when it looked like we were foundering...I greatly appreciate how you made things happen so that we could get this done." W.D.
"I had a client who was not very
enthusiastic about or open to mediation...changed her mind...because of Pat's
you for your skillful intervention and in particular for taking the time to make
follow-up calls to move this case to a final settlement. The proof is in the
pudding and the value of your contribution, Pat, was evident in the outcome."
"Dear Pat, Thank you very much for
your experienced and professional approach to yesterday's mediation...If I have
any further matters which might be appropriate for mediation, you can be certain
that I will be calling you again."
meeting and working with you on...matter. I appreciate all of your good efforts
in knocking both sides around to a point that resulted in successful settlement
of the case. Pat, I also appreciate the personable manner in which you conducted