Michael Mccourt

Judicial mediation, as a deputy district judge and a commercial and family (‘hybrid’) mediator Mike continues to add to his thirty years plus dispute resolution experience obtained as a solicitor and fellow of the Chartered Institute of Arbitrators the prestigious global organisation.

His experience covers a wide range of civil, property, building, and ownership disputes. He knows how the litigation process affects people both financially and emotionally and is able to provide a flexible and friendly approach to encourage the parties to achieve the best possible outcomes

Professional Background

1979 – Admitted as a solicitor
1993 – Fellow Chartered Institute of Arbitrators
1996 – Higher Courts (Civil Proceedings) Qualification (Solicitor-Advocate)
1997 – MSc Construction Law and Arbitration (King’s College London)
1998 – Deputy District Judge (County Court)
2007 – Accredited Mediator (ADR Group)
2010 – Mediation panel member of Effective Dispute Solutions Limited
2010 – Family Mediator Foundation (ADR Group)

Mike has been involved in a variety of mediations both as an advocate and mediator in construction, property, commercial landlord and tenant, boundary, shared ownership and occupation and Inheritance Act disputes. In addition he has acted in partnership, housing, will, personal injury and insolvency claims disputes.Mike is frequently appointed to perform judicial mediation and early neutral evaluations.

Endorsements

“He presents a relaxed style injecting where appropriate into the process a sense of humour”

“Mike understands the issues quickly and has an ability to listen and focus”

Other Experience

As a deputy district judge Mike determines fast track and small claims cases and encourages ADR in case management. He also conducts financial dispute resolution hearings in matrimonial matters. Having completed the ADR Group’s conversion course Mike is able to offer flexible mediations and timetables for both commercial and family parties and other forms of ADR.

Interests

Mike is a keen cyclist and cook and continues to try and learn Spanish.

Paul Newman

SPECIALISMS:

He has a particular interest in building and civil engineering claims.

He also deals with professional negligence matters (especially claims relating to building professionals), property litigation including rights of way and boundary disputes and general contract / commercial disputes (including consumer law).

CAREER HISTORY:

Called to the Bar by Gray’s Inn in November 1982, Paul completed pupillage in leading commercial Chambers in London (1982-1983). After practising at the Manchester Bar, he worked for a well-known firm of construction claims’ consultants in the North-West before settling in Cardiff (1990). In Cardiff he worked for two major regional solicitors’ practices (specialising in construction law, adjudication, arbitration and mediation) before joining 3 Paper Buildings (Bristol annex) (now 3 PB barristers) in September 2006. He has both acted as a mediator and represented parties in excess of 60 mediations. He writes and lectures on mediation and related topics.

LANGUAGES:

Speaks and writes fluent French as well as having a detailed knowledge of Spanish and German.

OVERVIEW OF EXPERIENCE:

Paul has been involved in approximately 60 mediations –

  • Building and engineering disputes (domestic and commercial)
  • Sale of goods (including consumer credit)
  • Partnership disputes
  • Unfair prejudice to a shareholder
  • Professional negligence
  • Franchise
  • Professional negligence claims
  • Boundary disputes

RECENT MEDIATION EXPERIENCE:

  • A dispute between an absentee Russian property owner and a contractor relating to a major house refurbishment in North London
  • A civil engineering claim relating to the migration of Japanese knotweed
  • Termination of a collaboration agreement in the construction industry
  • House renovation contract in the South Wales Valleys

EDUCATION:

Paul is a graduate (1980) of Clare College, Cambridge (MA) – Modern and Medieval

Languages (French & Spanish).

He completed the Diploma in Law (1981) (City University) and Bar Finals (1982) at the Council of Legal Education (London)

PROFESSIONAL QUALIFICATIONS:

  • Called to the Bar by Gray’s Inn, November 1982
  • ADR Group accredited mediator 2001
  • Fellow of the Chartered Institute of Arbitrators 1999
  • RIBA and CIC accredited construction industry adjudicator 1997

MEMBERSHIP:

Gray’s Inn; Bar Council listed mediator; Chartered Institute of Arbitrators, Oxford Mediation
Group, Talk Mediation and Mediation panel member of Effective Dispute Solutions Limited

Richard De Rivaz

Richard de Rivaz was born in 1946 and has had a long extensive career in industry, having gained an Industrial Engineering and Management degree at Loughborough University of Technology. He has a Diploma in Industrial Studies and is a member of the prestigious organisation the Chartered Management Institute.

Richard’s early career was spent in the dairy industry in a number of managerial roles for Unigate, Cliffords Dairies and Woodgate Farms Dairy, where he served as Production Director for seven years. He also gained experience with dairy companies in the USA with Sealtest and HP Hood. In these companies he carried out a number of work study projects.

In 1986 he left the dairy industry to move full time to MDR Interfaces Ltd, a company formed to provide industrial computer software and electronic control systems. Various projects were undertaken including the supply of telesales software for a large dairy company, automated packaging lines for the dairy industry, control systems for electric vehicles and wind power. More recently the firm has concentrated on bespoke software and interactive website design.

Richard is a Centre Of Effective Dispute Resolution (CEDR) Accredited Mediator, a Designated Member of Specialist Mediators LLP based in the South East, as well as a mediation panel member of Effective Dispute Solutions Limited. Through his work he has become familiar with contractual and intellectual property matters, as well as the legal process.

Richard is an Accredited Community Mediator and regularly mediates in neighbourhood disputes and intra family disputes.

Richard also mediates in property disputes, boundaries and drainage matters, over a vast array of matters, with a particular interest in boundary matters and what causes them.

His interests include sailing, music and skiing.

“Thank you for your courteous and skilful mediation. I believe you achieved a better result than if we had gone to Court.”

John Roche

Qualified as a Solicitor 1991, having obtained Is Class Honours Law Degree from Liverpool University. Articled to Forsyte Kerman Solicitors, London, 1989-91. From 1994 onwards, a sole practitioner niche firm specialising in civil litigation.

From 1997 onwards, specialising in Mediation, accredited with ADR Group, a member of the Law Society’s Civil and Commercial Mediation Panel. Mediation panel member of Effective Dispute Solutions Limited. A founder member of Commercial Mediation West Wales and a regular lecturer and author on mediation.

Over the past 15 years, I have mediated every type of civil and commercial dispute, from boundaries to partnerships, wills to construction, insurance to family, agricultural to intellectual property. I mediate across Wales, the Midlands and the South West. I have mediated in stately homes, farm yards, working men’s clubs and office suites. I find that the bulk of work arises from referrals from solicitors/parties who have used me as a mediator before.

I have extensive experience of multi-party mediations, involving parties, solicitors, barristers, surveyors and other experts. My solicitor background can often help short-circuit extensive legal exposition, allowing the issues to be dealt with more quickly. Feedback over the years indicates that my patient, business like but allowing for humour and human nature approach has helped steer many nightmare ‘trial next week’ cases towards a settlement.

Lubna Shuja

Birmingham Mediation Services, Birmingham Mediator – Areas of work

  • General Civil Litigation
  • Personal Injury
  • Divorce and Financial Orders
  • Boundary Disputes (one of which led to an appeal in the Court of Appeal)
  • Professional Negligence Claims
  • Solicitors Disciplinary Cases
  • Employment Law
  • Commercial and Contractual Disputes
  • Residential Property
  • Landlord and Tenant Litigation
  • Wills and Probate
  • Large Debt Actions

Mediation experience includes:

  • Property/boundary dispute between neighbours involving rights of way, obstruction / use of a joint access road and adjoining footpath crossing over one of the neighbours land. Amount involved was £35,000 plus costs.
  • Unlawful discrimination dispute between a large University, its Student Union body and a group of 8 students. The students were claiming unlawful discrimination on the grounds of race/religion and victimisation by the University and the Students Union. Amount involved was £80,000 plus costs.
  • Commercial dispute between directors of a company involving share transfer agreements, payments that had not been agreed, directors loans, breach of terms of directors agreement and other issues. Amount involved was £50,000 plus costs
  • Probate disputes between siblings over inheritance and contents of a Will. Amounts involved were from £60,000 to £800,000 plus costs
  • Divorce and ancillary relief claim concerning the assets of the marriage. Amount involved was £500,000 plus costs

Professional qualifications

  • Practising Solicitor since 1992
  • Mediator accredited with the Centre for Effective Dispute Resolution (CEDR) since
  • Nov 2005
  • Member of Association of Midlands Mediators (AMM)
  • Previously Member of Northern Association of Mediators
  • Member of the Law Societys Personal Injury Panel for over 10 years
  • Member of the Association of Personal Injury Lawyers (APIL) for over 8 years
  • Member of the Motor Accident Solicitors Society (MASS) for over 14 years
  • Member of the Law Societys Solicitors Sole Practitioners Group since 2006
  • Mediation panel member of Effective Dispute Solutions Limited

Personal profile

  • Represented clients on a boundary dispute that was heard in the Court of Appeal
  • Was runner-up in the Yorkshire Lawyer of the Year Award (2001) as voted by private clients
  • Versatile, committed and dedicated professional with excellent communication and interpersonal skills
  • A pragmatic approach to problem solving with full confidence in my abilities as a
  • Mediator
  • Approachable, discrete and trustworthy reputation
  • Fluent in Urdu and Punjabi

Interests

  • Strong interest in the arts particularly theatre, television and cinema
  • Founding member of the Asian Theatre School (part of the Red Ladder Theatre Company)
  • Enjoy travelling abroad and have visited many countries including most of Europe, America, Mexico, North Africa, the Middle East, Malaysia, Romania and the Indian Subcontinent
  • Keen interest in music, health issues and current affairs.

Jonathan Tecks

ARBITRATION PRACTICE

Issued over 175 arbitration awards
Member of the Chartered Institute’s Panel since 1995;
Member of the Commercial Scheme and Mortgage Code Panels;
Review Arbitrator for Travel Scheme Arbitrations;
Appeared as counsel in construction arbitrations.
Co-author of ‘The Arbitration Act 1996 – A Commentary’ published by Blackwell Publishing: fourth edition August 2007.

MEDIATION PRACTICE

CEDR accredited, involved in over 30 mediations;
Mediated commercial mediations as sole mediator, joint mediator and party representative
Mediated court-annexed and community mediations.

ACADEMIC POSTS

Principal Lecturer, University of the West of England with responsibility for E-Learning, since 2002;
Senior Lecturer, UWE, 1999-2001;
Associate Course Director for the Diploma in Arbitration, College of Estate Management, Reading;
Lead Assessor for Mediator Accreditation Assessments, Chartered Institute of Arbitrators.
Past Chairman, Examinations Board, Chartered Institute of Arbitrators.

PRACTICE AT THE BAR

Sole practitioner (as arbitrator and mediator) in commercial, property and construction work, based in Taunton since 2003;
1995-2003: Littman Chambers (Mark Littman QC), 12 Gray’s Inn Square,
1989-95 : 3 Paper Buildings (Thayne Forbes QC);
1980-89 : 10 King’s Bench Walk (Kenneth Zucker QC).

Areas of Experience Include

Commercial:

  • Agency
  • Commercial agreements
  • Franchising agreements
  • Financial regulation
  • Jurisdiction across borders
  • Mortgages
  • Partnerships
  • Professional negligence
  • Sale of goods

Property:

  • Boundaries
  • Business tenancies
  • Easements
  • Joint ventures
  • Landlord & tenant
  • Registered land
  • Restrictive covenants
  • Stakeholders
  • Vendor & purchaser

Construction:

  • Ad hoc contracts
  • All-weather surfaces
  • Defective design & construction
  • Nuisance
  • Performance bonds
  • Residential, commercial and industrial premises
  • Standard form contracts
  • Welding standards

Peter Webster

Solicitor of the Senior Courts of England & Wales (admitted 1 October 1999

Member of Panel of Commercial Mediators at Clerksroom, Talk Mediation, Commercial and Medical Dispute Solutions, and Effective Dispute Solutions Limited

Qualified commercial, family, workplace and community mediator

  • Director of All Saints Theatre Limited (drama production company no. 3779270)
  • Director of Thea Limited (incorporated solicitors’ practice company no. 5664871)
  • Trustee of Thea (registered charity no. 1076525)
  • Native English-speaker also fluent in French
  • Born 10 October 1967 in Manchester, United Kingdom
  • Educated at Manchester Grammar School, St John’s College Cambridge, and the Central London College of Law

CAREER HISTORY

October 2007 to date… Solicitor – Principal – Thea Limited

November 2004 – September 2007… Senior Solicitor – Construction – Capsticks

March 2002 – September 2004… Assistant Solicitor – Construction – Fenwick Elliott LLP

October 1999 – March 2002… Assistant Solicitor – Construction – Masons

September 1997 – September 1999… Trainee Solicitor – Four seats – Penningtons

July 1994 – August 1997… Executive Secretary -Rwanda Project3 – Relationships Foundation

EDUCATION

8 O-levels (6 As, 2 Bs), 3 A-levels (3 As), 2 S-levels (both grade 1)
II,2 degree in Classics/Modern & Medieval Languages
Diplomas in Law and Legal Practice

MEDIATION EXPERIENCE

Mediating between an elderly couple and the builder whom they were suing for defective workmanship and delays in completing the refurbishment of their retirement home.

Mediating a settlement to a dispute arising from failure to underpin a party wall to a domestic semi-detached property which included contractual arguments about allocation of design liability.

Mediating a settlement to a boundary dispute involving a tree which had been removed by a party whose neighbour alleged that it was on his property.

Mediating disputes between an employer and his main contractor, and a main contractor and his sub-contractor, where there were issues of contractual interpretation arising from bespoke terms dealing with insolvency risk and payment for additional works.

Mediating a dispute arising from non-payment of solicitors’ fees by a corporate client.

Mediating the settlement of claims upon dissolution of a partnership in an investment property by two former spouses and one of their friends.

Numerous community mediations, mostly involving noise disputes between neighbours, but also harassment of various kinds.

Acting as mediation advocate in four commercial mediations, and advising clients on negotiation strategy in mediation where the client participated alone; conducting without prejudice meetings following mediation principles.

SECTORS

  • Healthcare
  • Regeneration
  • Middle East

SPECIALISMS

Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation, Civil Mediation, Advocacy, Family and Workplace Mediation