Mediator Harvinder Singh Bhurji

Mediator Harvinder Singh Bhurji

The lead Mediator and Director of Effective Dispute Solutions Limited is Harvinder Singh Bhurji. Since 2002 he has been actively involved in alternative dispute resolution, as a Mediator, Arbitrator, Conciliator, Mediation Trainer, Tutor and Assessor.

Mediator Harvinder Singh Bhurji Mediation Qualifications & Accreditations

Harvinder is a law graduate, a Qualified Dispute Resolver and an Accredited Commercial Mediator through CEDR, the Academy of Experts and the ADR Group, an Accredited Workplace and Community Mediator through UK Mediation, a Mediation Tutor and Accreditation Assessor for the Chartered Institute of Arbitrators Commercial Mediation training programme and is on their approved faulty list for whom he teaches and assesses for in the UK and overseas, as well as a qualified Manager through the Chartered Management Institute and holds a Certificate In Teaching in the Lifelong Learning Sector.

Mediator Harvinder Singh Bhurji Mediation Experience

  • Mediated over 500 civil &commercial, workplace & employment and family disputes across all sectors.
  • Several testimonials recommending Harvinder as a mediator.
  • 90% success rate.
  • Mediated disputes with a value of a few hundred pounds to millions of pounds.
  • Over a decades experience.
  • Experienced in face to face, time limited, court referred & telephone mediations.
  • Mediated disputes between two parties as well as multi parties.
  • Harvinder fluently speaks English as well as Punjabi, understands Hindi and Urdu and regularly mediates with clients who are unable to speak English and only these languages.
  • He has written and submitted mediation articles to various publications.
  • Assisting with the research into Court based mediation schemes commissioned by the then Department of Constitutional Affairs.
  • He and Effective Dispute Solutions Limited hold professional liability insurance, copies of which are available on request.

Mediator Harvinder Singh Bhurji Mediation Panel Memberships

Harvinder Singh Bhurji is a member of the following;

  • The Academy of Experts
  • ADR Group
  • ADR Services
  • Association of Midlands Mediators
  • British Marine Federation Dispute Resolution Scheme
  • CEDR’s 125 mediation scheme
  • CEDR Exchange
  • Chartered Institute of Arbitrators
  • Civil Mediation
  • Council Clerksroom
  • IDRS Immediation
  • Manchester Law Society
  • Mediators In East Anglia
  • National Mediator Database
  • National Mediation Helpline
  • Oxcheps Higher Education Mediation Services
  • Royal Institute of Chartered Surveyors
  • Neighbour Dispute Panel
  • Sandwell Consumer Support Network
  • Sandwell Council’s Housing Arbitration Panel
  • Specialist Mediators

 

Jane Walmsley

Training

1998: CEDR (Centre for Effective Dispute Resolution) Accredited Commercial Mediator
2002: MATA (Mediation and Training Alternatives) Advanced Mediator Skills Training Course, Italy
2004: TeCSA (Technology and Construction Solicitors Association) Specialist Construction Course for Mediators

Mediation Style

Jane encourages people to take full advantage of the mediation process and the control which it gives them to explore all possible means of resolving their dispute and find pragmatic, realistic solutions. She works with participants on assessing all options and constructing safeguards to protect positions post-settlement, to allow them to make well-judged decisions in the light of available information. She is described as professional, facilitative, patient, persistent and perceptive.

Mediator Jane Walmsley – Experience

Jane has mediated and co-mediated in a wide range of commercial matters, from multi-million pound claims to claims brought in the Central London County Court and the Birmingham Civil Justice Centre mediation schemes. She also mediates in workplace disputes where no cash claim exists but where conflict between individuals has resulted in declining productivity, efficiency or profitability and made working life intolerable. Some examples of the cases she has mediated are:

  • Claim by a GP against a former Partner and the Practice for racial discrimination and unfair dismissal.
  • Dispute in a university between a senior academic and a member of staff in relation to changes made to a job description during maternity leave and a consequent claim for constructive dismissal.
  • Dispute in the same university between a head of department and a member of their staff in relation to claims of bullying.
  • Dispute in a college of further education in which a lecturer claimed that her manager was bullying her. The conflict had been going on for 2 years and the lecturer signed off sick with stress for 6 months.
  • Dispute between joint property owners arising after the breakdown of their relationship. While the main dispute was about the value of the property and therefore the amount to be paid, there were also a considerable number of relationship issues in play.
  • £2 million dispute between brothers about breach of fiduciary duty and the ownership of a family business.
  • £200,000 claim by a building company for non-payment of fees for work done during the construction of commercial premises.
  • £2 million claim for alleged negligent advice against stockbrokers.
  • Dispute between partners in a solicitor’s firm about the terms and conditions for one partner to leave the partnership.
  • Dispute between partners in an accountancy firm about the mechanisms for one partner to leave the partnership, including a £260,000 claim.
  • £250,000 claim for defamation by a businessman against a friend with whom he had entered into a project which had failed, resulting in the breakdown of their relationship.
  • Dispute between two electrical engineering companies about the purchase of industrial robots and the subsequent breakdown of a joint venture project.
  • Claim by a solicitors’ practice for non-payment of fees against a client for whom they were acting in an employment dispute.

Promoting and Raising the Profile of Mediation

1999 to date: A founder member of the Association of Midlands Mediators, a regional association of commercial mediators which:

  • provides mediation services
  • promotes mediation in the Midlands area
  • provides CPD training for members

2000-2002: Member of the CEDR training faculty.

Involved in delivering “The Lawyer’s Role in Mediation” training courses to litigation departments in individual solicitors’ firms, a barristers’ chambers, an insurance company and the Treasury Solicitor.

2002-2005: Member of the Birmingham Civil Justice Centre Mediation Scheme Committee. Participated in the establishment and monitoring of this court-led mediation scheme from its inception to its end due to changes in Government policy.

2005 to date: Member of the Chartered Institute of Arbitrators (CIArb) Mediation Accreditation Panel, acting both as an assessor and as a chief assessor.

2009 to date: Member of the MATA training faculty, providing feedback and coaching to delegates on the CIArb Commercial Mediator Training Course.

In addition, Jane has participated in a number of mock mediations, both as the mediator and as a party. These have been designed to demonstrate the mediation process and allow the audience to observe the strength, flexibility, and value of the process.

Mediator Jane Walmsley – Professional Background

Jane is a non-practising barrister. She was called to the Bar in July 2008.

Has studied a LL.M in International Commercial Law at the University of Birmingham, comprising modules in:

  • English law of the international sale of goods
  • Commercial conflicts of laws
  • International and comparative oil and gas law
  • International commercial arbitration.

In addition to her mediation practice, Jane runs a training consultancy practice. She qualified as a trainer in 1987 and has been training lawyers since 1990, initially as Training Manager with a large national group of solicitors’  firms and since 1993 as an independent consultant. Her client base includes many of the leading city and regional law firms. She is much in demand for communication and management skills training, particularly negotiation skills and presentation skills, and as a coach to partners and assistants on improving and developing the ways in which they and their teams communicate and work together.

Sundeep Singh Bhatia

Mediator Sundeep Singh Bhatia WORK HISTORY

2007- Date Proprietor of Beaumonde Law Practice

  • Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement
  • Conducting/assisting at Mediations
  • Conduct of Immigration
  • Company and Small Claims court matters

Criminal consultant to Clive Gomes Solicitors Alperton conducting trials/PCMH’s and mentions as solicitor advocate and police station attendances.

1999-2006

  • Proprietor of Brent Law Practice specialist criminal defence firm in Neasden
  • Member of Serious Fraud Panel
  • Conducted several murder cases and one of the biggest VHCC cases involving conspiracy to defraud Microsoft
  • Conduct of employment law matters including unfair dismissal, discrimination and compromise agreements

1994-1999

  • Criminal Defence solicitor and duty solicitor at Gupta & Partners
  • Head of criminal department at time of departure

1993-1994

  • Solicitor at Palmers Basildon conducting repossession work for Woolwich Building Society

1991-1992

  • Articled clerk at Penman Johnson Watford

Mediator Sundeep Singh Bhatia QUALIFICATIONS

Mediator Sundeep Singh Bhatia qualified as a mediator in 2005 though CEDR & holds the title of CEDR Accredited  Mediator 2004 Advocacy – criminal cases 1995 Duty solicitor and court duty solicitor 1992 Qualifications as solicitor of High Court 1990 Law Society finals. 1988 Bristol Polytechnic – LLB 2i2 3 A levels 9 O levels

EXTRA CURRICULAR ACTIVITIES

2006 to Date

  • Committee member Middlesex Law Society
  • Member of Solicitor Advocates Higher Courts Association

HOBBIES

Writing, Travel, Classical Jazz and Popular music, Formula One

David Daly

Mediator David Daly SPECIALISMS

Property, Commercial, Employment/Discrimination YEAR OF PROFESSIONAL ACCREDITATION: 1979
YEAR OF MEDIATOR ACCREDITATION: 2004

Mediator David Daly CAREER HISTORY

Captain in Army legal Corps 1981-2 (Germany)
Experience in Solicitor’s Office 1982 (Orpington)
Employed Barrister L. B. Bromley 1983-6
Employed Barrister L.B. Southwark 1986-93
Barrister Arden Chambers 1993-5
Barrister Tanfield Chambers 1995 and continuing.

Advising and acting as advocate in a large number of disputes concerning property, landlord and tenant, local government, planning, housing, employment and discrimination, professional negligence, wills and probate.

Mediator David Daly  MEDIATION EXPERIENCE

Total Number of Mediations so far completed as mediator (110+). Please see also Bar Council Website where I am listed as a Mediator in their top category (30 +)

I am on the panel as a Mediator for the following DCA approved organisations: CEDR Solve, Specialist Mediators, ADR Net, Lawworks, Wandsworth Mediation Services and Devon and Exeter Law Society.

My longer mediations have tended to be to do with Land or Employment e.g. boundary disputes, Leasehold Reform Act disputes, Landlord and Tenant disputes, disrepair, stress at work, work-place, contractual bonus disputes.

Some examples of mediated Disputes where I acted as Mediator: a disrepair dispute which lasted 8.5 hours, involved 4 parties and was originally valued at £200,000. An agreement was achieved.

Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings – originally valued at £5,000,000. The Leaseholders were represented by 5 individuals who had been the leading representatives of the Residents Association which had folded. They intended to reform the resident’s association and persuade the leaseholders to accept any agreement reached. Interestingly the normal position on confidentiality was varied at the start of the mediation to allow publicity to be given to any agreement. Agreement reached at £200,000 after 11.5 hours.

Claim for £200,000 for flood damage to Chemist’s shop. Settled at £103,000 after 8.5 hours-

Dispute between leaseholder and joint freeholders involving 4 parties – originally valued at £200,000. Settlement was reached on the day-3 parties (all freeholders and family members) would each pay £22,000 to 4thparty (a Leaseholder-one of the biggest property companies in London)for disrepair.

Leaseholder dispute in which a leaseholder claimed damages from the owner of the flat above, whose building works had caused the ceiling to fall in. The consequential noise and disturbance was the main subject of the dispute. Mediation settled on the day.

Commercial leaseholder claim arising out of the fact that the lease had made no provision for access to the toilets for office staff. Also included claim for disrepair. Settlement was reached on the day.

Dispute under Leasehold Reform Act regarding claim to purchase the freehold of a property worth £200,000. Settled on the day of mediation.

Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding. Mediation settled on the day.

Two neighbours had locked horns in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. Settlement was reached on the day

Dispute under the European Agency Regulations involving payment of fees to an agent by his principal. Settlement on the day of mediation.

Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity. The matter was resolved with agreement at the end of two separate mediation appointments.

Constructive dismissal and stress claim.  Settlement was reached on the day.

Trusts of Land and Family Provision dispute-estate worth £250,000. Deceased died at 42 leaving alleged partner, Mum and Dad and his two Brothers. Two Brothers denied relationship with partner existed over 2 years immediately before death. Agreed  partner should have house + £30,000 -no costs either side.

Freezing Injunction sought where allegedly negligent Solicitor had placed charge on house for unpaid fees. Freezing Injunction lifted by agreement. Company to whom charge had been sold receives £70,000 and charge removed. Mediation lasted 8 hours and occurred on the coldest and snowiest day in London for 18 years

Damages claim under Data Protection Act. Alleged by Claimant because she had been put on a list by a finance company in error as a bad credit-risk for 2 years she had lost the chance to purchase her Council house. Damages claimed at £360,000. Settled by agreement at £20,000 each side to bear their own costs.

Mediator David Daly  Court Schemes in which he has participated as a Mediator:

  • Hitchin County Court
  • Central London County Court
  • Exeter County Court
  • Guildford County Court
  • Basildon County Court
  • Uxbridge County Court.

I devised (using the DCA toolkit) and was the sole mediator for the Small Claims Mediation Scheme at Hitchin County Court dealing with commercial mediations of all sorts e.g. landlord and tenant disputes, disastrous holidays, contractual disputes, goods not fit for purpose, unpaid professional fees, building contracts etc. The Scheme finished in May 2007 with the appointment of an in-house mediator

Also a volunteer Neighbourhood Mediator with Lewisham Lamp

Personal Style and Feedback

“David has authority when dealing with procedural issues but he is not authoritarian. Parties find it easy to relax with him. He likes to work hard for agreement and does not let the grass grow under his feet.”

“I would like to personally thank you for your enthusiasm, flexibility and hard work”

“You are the “smiliest” mediator I have ever met!”

“I would characterise the mediator’s style as relaxed, informal, sensible and encouraging”

“He was very approachable, used plain language for litigant in person and gave helpful time warnings”

Training:

July 2002 – Mediation Course provided by the General Council of the Bar (1 day)
August 2004 – CEDR Accredited Commercial Mediator
April 2006 – CEDR Registered Commercial Mediator (Registered status no longer exists)
July 2007 – ADR Group Commercial Mediator

I have a special interest in time limited mediation and have appeared on a panel during a training event provided by Lawworks answering questions on small claims mediation alongside James Rustidge of Manchester County Court. My CPD Mediator Training is currently fully up to date

Mediator David Daly Memberships

Housing Law Practitioners Association
Employment Law Bar Association
Planning and Environment Bar Association
Administrative Law Bar Association
Civil Mediation Council
Mediation panel member of Effective Dispute Solutions Limited

Dr Peter Fenn

Mediator Dr Peter Fenn Present Posts

  • Senior Lecturer – University of Manchester
  • Partner – MJM Chartered Quantity Surveyors
  • Trustee of the Chartered Institute of Arbitrators
  • Elected member of Dispute Resolution Faculty Board at the Royal Institution of Chartered Surveyors

Mediator Dr Peter Fenn Professional Qualifications

  • Fellow Royal Institution of Chartered Surveyors
  • Registered Mediator Centre for Dispute Resolution
  • Diploma in Arbitration College of Estate Management
  • Fellow Chartered Institute of Arbitrators

Mediator Dr Peter Fenn Industrial Experience

1980-1983 – Assistant Quantity Surveyor, Chartered Quantity Surveyors London.
1984          – Site based Quantity Surveyor, Balfour Beatty Construction Liverpool.
1984-1988 – Quantity Surveyor, Civil Engineers British Rail London and Swindon.
1988-date – Self employed consultant, Bristol Manchester and Dundee.
1993-date – Mediator at the Centre for Dispute Resolution (CEDR) London.
1994 -date – Mediator on the President’s Panel at the Royal Institution of Chartered Surveyors.
1999-date – Independent Expert on the President’s Panel at the RICS
2000-date – Mediator on the Panel at the Chartered Institute of Arbitrators
2002-date – Mediator on the Panel at the Hong Kong International Arbitration Centre
2004-date – Adjudicator on the panel at the Chartered Institute of Arbitrators

Mediator Dr Peter Fenn Academic Experience

1988          – Visiting lecturer, Bristol Polytechnic.
1988-1990 – Lecturer, Dundee Institute of Technology.
1990-2001 – Lecturer, UMIST.
1992-date  – Tutor University of Bath
1994          – Tutor Horsens Polytechnic Denmark
1995          – Visiting Professor Florida International University
1995          – Visiting Professor University of Kentucky
1997-1998 – Scholar in Residence University of Kentucky
2000          – Visiting Lecturer Tsinghua University China
2001-date   – Senior Lecturer University of Manchester

Mediator Dr Peter Fenn Dispute Experience

  • Registered Mediator at CEDR from 1993
  • President’s Panel of Mediators at the Royal Institution of Chartered Surveyors 1994
  • Panel of Mediators at the Chartered Institute of Arbitrators 2000
  • President’s Panel of Independent Experts at the Royal Institution of Chartered Surveyors 1999
  • Mediator Leeds Court Scheme 2000
  • Mediator Manchester and Liverpool Combined Court Scheme 2000
  • Mediator Birmingham Court 2002
  • Mediator Guildford Court 2003
  • Adjudicator on the President’s Panel at the Chartered Institute of Arbitrators 2004

Some Recent Notable Referrals and Experience

1995
The World Bank, The British Council and the National Institute for Highways and Transport India. Delhi India on the use of ADR.

1997
Report for MOD on target cost and incentive contracts.

1998
Report for Hong Kong Construction Association on the Allocation of Risk in Construction Contracts.

2000
Onwards: Course Tutor CIArb Mediation Training
Course Director CIArb Mediation Assessment

2003
Report for Hong Kong (SAR) Government on Dispute Resolution and Avoidance Mechanisms

1995
The World Bank, The British Council and the National Institute for Highways and Transport India. Delhi India on the use of ADR.

1997
Report for MOD on target cost and incentive contracts.

1998
Report for Hong Kong Construction Association on the Allocation of Risk in Construction Contracts.

2000 Onwards:
Course Tutor CIArb Mediation Training
Course Director CIArb Mediation Assessment

2003
Report for Hong Kong (SAR) Government on Dispute Resolution and Avoidance Mechanisms

Overseas Experience

Mediation in various countries,1998 Report for Hong Kong Construction Association on the Allocation of Risk in Construction Contracts; 2000 Invited Speaker at Hong Kong Whose Risk Conference and follow up to Grove Report. 2000 Invited Speaker at Tsinghua University

Publications

I have edited and authored 4 books and written more that 30 technical articles, a full list is available on request. My research has been cited in two government reviews: The Latham Review) and The Woolf Report.

Grant Goodlad

Qualifications

LLB: 1978
Solicitor: 1981
MCIArb: 2004
Called to the Bar: 2006

Education

Northampton Grammar School: 1968-1975
LLB Birmingham University: 1975-1978
College of Law, Guildford: 1978-1979
Bar Aptitude Test: 2006

Career

Solicitor, Dennis Faulkner & Alsop: 1981-1982
Partner, Dennis Faulkner & Alsop: 1983-2006
Barrister, Farrar’s Building: 2007 to date

Mediation

CEDR Accredited: 1996
CIArb Panel: 2005 to date
Member AMM: 2001 to date
Intermediation Panel: 2001 to date
Mediation panel member of Effective Dispute Solutions Limited 2010 to date

Grant’s background involves both commercial and contentious aspects of the law. His experience includes the handling of high volume personal injury claims and professional negligence claims for insurance companies, as well as non-contentious work including company sales.

More recently Grant has concentrated on contentious commercial and professional issues primarily personal injury and employment matters. He acts as an advocate in the Civil Courts and Employment Tribunals.

Grant has successfully mediated disputes in a wide range of fields including Construction, Commercial Contracts, Corporate Sale, Landlord and Tenant, Employment, Personal Injury, Professional Negligence, Malicious Prosecution and Wrongful Arrest, Franchise, Insurance, Travel and Housing. He has CEDR specialist training in Clinical Negligence and Personal Injury.

Grant also trains mediators and has assisted CEDR’s training faculty. He is currently a member of coaching faculty on the Chartered Institute of Arbitrators mediator training course to which he has contributed a paper on law for mediators.

Carolyn Graham

An accredited (2002) and registered mediator with Centre for Effective Dispute Resolution (CEDR) and accredited (2003) community mediator with Hackney Community Mediation.

A CEDR Solve Mediator and on the mediation panels of ADRChambers, Association of Cambridge Mediators, Effective Dispute Solutions Limited (EDSL), workplace mediation specialists Consensio and Common Ground (formerly Tower Hamlets) Community Mediation.

With a background in the arts & entertainment sector Carolyn applies skills learnt at the sharp end of doing business and combines commercial instincts with an intuitive approach and natural people skills.

She works cross sector and has mediated a wide range of disputes especially employment and workplace (wrongful dismissal; racial discrimination; defamation of character; breach of confidentiality; relationship breakdown; bullying and harassment, capability & performance issues, RTW /sickness absence). Also general commercial (several in arts/media – publishing; TV; film; music industry, theatre); property; inheritance and partnership dispute; landlord/tenant and community.

Carolyn has conducted multi-party mediations, team disputes, telephone mediation and time limited mediation.

Mediation Experience

Carolyn has experience in the following sectors:

  • Business-to-Business
  • Charities
  • Commercial Contract
  • Community
  • Education
  • Employment/Workplace
  • Housing, Landlord/Tenant
  • Media, Sports & Entertainment
  • Partnership
  • Public Sector (Government, local authority, Healthcare)
  • Wills/Probate

Case Summaries – by sector/dispute type

Banking/Corporate Finance/Business-to-Business

  • Dispute between a US based company and a UK based executive recruitment agency regarding disputed levels of commission monies due on an \’introduced\’ candidate
  • Dispute between two company directors and the outgoing Chairman regarding equity shares due on sale of company

Charities

  • Team mediation between 19 staff from one department of a major UK charitable organization
  • Mediation between two colleagues working for national charity, one returning from long term sick leave and where there had previously been allegations of bullying and issues of poor performance

Commercial Contract

  • Dispute between decorating company and a homeowner claiming negligent damage to property
  • Dispute between sports equipment manufacturer and PR consultancy regarding breach of contract/non delivery of services due
  • 3 way dispute between a building construction company, a garage and a construction worker regarding non-payment and poor workmanship
  • Mediation between legal firm and former client regarding non-payment for services rendered
  • Breach of contract dispute between owner of video business and former chairman and finance director regarding latter\’s entitlement to remuneration package/share of proceeds on sale of business
  • Breach of contract dispute between hotelier and company responsible for refurbishment programme
  • Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered
  • Dispute between two property management companies regarding non-payment of rent, repairs and maintenance

Community

  • Mediations involving noise, harassment, anti-social behaviour, pets, children, parking and disputes where cultural and generational differences contribute to the conflict.

Education

  • Post grievance mediation between a University and a senior lecturer regarding allegations of unfair treatment under the disability discrimination act
  • Mediation between two staff members in a primary school where complex personal relationships and issues originating outside of the workplace (including multiple criminal investigations and prosecutions and involving several other family members) had resulted in total relationship breakdown and mutual allegations of harassment within the workplace
  • Team mediation between 12 University lecturers where relationships and trust had broken down
  • Mediation between four colleagues working in a refugee student support unit within a University
  • Mediation between a University Departmental Director and his deputy to help re-establish working relationship following unsuccessful grievance taken out by the latter against the former

Employment/Workplace

  • Pre-tribunal race discrimination claim by employee of international IT company
  • Mediation between 2 remote team members of an International company: a senior manager based in Holland and a UK based direct line report over allegations of bullying and in order to help the line report reintegrate back into the workplace after stress related sickness absence
  • Post ET claim by senior partner of international company for damages for wrongful dismissal
  • Mediation between two staff members bringing mutual grievances against each other for breach of confidentiality, harassment and abuse of authority
  • Mediation between non-executive CEO and her secretary to help reintegrate the secretary back to her original department after relationship breakdown and subsequent 6 month secondment to another department
  • Mediation between joint CEO\’s of a theatre company where the relationship had broken down amidst highly emotional and mutual allegations of bullying and intimidation
  • Mediation between manager and line report in NHS trust hospital regarding issues of performance management and allegations of failure to follow due management process

Housing, Landlord/Tenant

  • Dispute between UK landlord and former tenant, now resident in the US, regarding non-payment of rent
  • Dispute between housing association and tenant regarding levels of compensation due following flood damage to property
  • Dispute between landlord and tenant regarding a disputed rental over-payment
  • Tenant/Landlord dispute with tenant seeking damages for disrepair and an order for remedial work

Media, Sports & Entertainment

  • Breach of contract co-production dispute between European TV company and UK film production company
  • Copyright dispute between songwriter/record producer and a former band member claiming co-authorship of song (subsequently recorded by top selling artist) and entitlement to ensuing publishing and recording royalties
  • Alleged breach of contract between actor and theatre company where the actor thought he\’d been verbally offered an engagement but the theatre company had not
  • Dispute regarding non-payment of royalties between author and famous TV personality and publishing company
  • Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered

Partnership

  • Dispute between two partners and friends regarding division of assets on dissolution of partnership
  • Dispute between two former partners regarding alleged breach of fiduciary duty and breach of intellectual copyright
  • Dispute between two partners following the joint purchase, refurbishment and sale of a property

Public Sector

  • Breach of contract dispute between public sector funding body and regeneration consultancy
  • Mediation between government department and former employee claiming compensation for alleged disclosure of confidential information
  • Team mediation involving 10 GP\’s, recently amalgamated from 3 separate practices into one group practice
  • Mediation between two colleagues in NHS trust hospital where relationship breakdown was seriously impacting on productivity of department and consequently, on financial stability and credibility or organisation

Wills/Probate

  • Mediation involving 9 family members regarding the mutual inheritance of a property abroad where some family members wished to retain the property as a family holiday home, some to run the property as a commercial concern, and some to sell
  • Mediation between mother and daughter regarding disputed division of financial assets following the death of the husband/father.
  • Mediation between twin brothers regarding disputed will of recently deceased mother

Personal Style and Feedback

Carolyn is a calm and clear thinker who can quickly help parties get to the heart of an issue. A creative and pragmatic mediator, she combines a willingness to think ‘outside of the box’ with a common sense approach that encourages parties to reach realistic settlement on soundly commercial terms.

Clients value her friendly, straightforward style, highlighting her ability to build rapport, her calming influence when tensions are running high and her ability to keep proceedings constructive and focused on achieving resolution.

Comments include:

“I just wanted to say thank you from the bottom of my heart for providing the mediation and support last week, I cannot express to you enough how it has helped me” client

“the mediator was brilliant” client

“has good instincts about what matters and what is going on between teams and parties” client

“A very straight forward approach which never obscured the way ahead and left both parties able to decide on an acceptable resolution” solicitor

“As a means of finding common goals and moving forward, I cannot praise this process highly enough. It is amazing, it’s not a case of winning or losing, it’s a case of moving forward – something that I was previously unable to do” client

“Built rapport very well” client

“She is very friendly but quite firm and is good at keeping everything right on track” client

“(the mediation)… was very well run and the mediator did a great deal to put us at our ease throughout the process. She achieved the right balance of control and flexibility to make us feel that we were working within a structure and yet still had enough control ourselves to take it in the direction we were comfortable to go. She also had a very calming influence on everyone there”  client

“..dealt with the authority problems really well” client

“I was impressed by the ability of the mediator to grasp and summarise the essence (and the undertones) of what people were expressing” client

Professional Background

Carolyn worked for over 25 years in the Arts & Entertainment industry, working in both the commercial and not for profit sectors – including 10 years as Director at London’s Southbank Centre – with the management of people, of contracts, of relationships and of finance central to all of her roles.

Areas of particular experience include budgeting and financial management (turnover £6million); organisational development and change management; union/employee negotiations; internal/external stakeholder liaison and all aspects of staff management (including appraisal, training, disciplinary, recruitment, mentoring) and team building.

Other Dispute Resolution Experience

As well as her mediation and facilitation work, Carolyn delivers a wide range of in-house and open access training, seminar and workshop activities in mediation, dispute resolution and conflict management. A passionate advocate for the greater use of mediation skills within the workplace, she is a regular speaker on the benefits of mediating conflict and is increasingly being invited to create bespoke mediation skills training programmes for specific sectors and professions.

She regularly chairs and facilitates meetings including board meetings, Away Days and AGMs and is especially adept at handling contentious meetings, helping organisations reach consensus in challenging circumstances and ensuring that meetings deliver tangible outcomes.

Organisations worked with include:

Amnesty International; Arts Council England; At Work Partnership; British Transport Police; CAFOD (Catholic Agency for Overseas Development); Cambridge University; Camden Council; Central & North West London NHS Foundation Trust; Channel 4; Chelsea & Westminster NHS Trust; Comet; DCMS; Department for Work and Pensions; Dudley Group of Hospitals; English National Opera; Hammersmith NHS Trust; Independent Police Complaints Commission; Independent Theatre Council; Kingston University; Lloyds Banking Group; M.S. Society; Northumbria Healthcare NHS Trust; Office for National Statistics; Oxford Brookes University; Poole Arts Centre; Rank Gaming Group; Really Useful Group;  Refugee Action; Royal Free Hospital; Society of London Theatres; Society of Medicine; Southbank Centre; Standard Life Investment; Theatrical Management Association; University of Wales Institute, Cardiff;

Skills and Interests

Carolyn has a working knowledge of French (‘A’ level and London Chamber of Commerce & Industry ‘Intermediate’ level). She is a CIPD qualified facilitator and is CMI trained in designing and delivering training. Out of work interests include Arsenal, singing in the choir Eclectic Voices, food and drink and collecting jewellery.

Robin Lea

Professional background – Current

  • South West Mediation, independent commercial mediator
  • A wide range of mediation experience and a high settlement rate
  • Substantial commercial / industrial management experience at Director level
  • Independent consultant – managing and advising industrial and commercial organisations at the sharp end – including business planning and development, corporate strategy and organisational restructuring

Previous

  • Until August 2005 Dispute Resolution Unit Business Manager and Mediator with Lyons Davidson, Bristol. Set up ADR unit from scratch in 2001
  • Experience with Trades Union disputes and negotiations with EEF, Bristol
  • International business consultancy. USA, Australia and Europe
  • Managing Director of medium sized business for ten years
  • Wide experience in HR field as HR Director

Mediator Robin Lea – Mediation Qualifications

  • CEDR accredited mediator 2003
  • ADR Group accredited mediator 2004
  • CEDR Time Limited Mediation Training – July 2004
  • CEDR Court annexed / time limited mediation Training – July 2004
  • Member Civil Mediation Council
  • Mediation panel member of Effective Dispute Solutions Limited
  • South West Mediation panel member

Mediator Robin Lea – Mediation Experience

  • Completed over seventy mediations and achieved a settlement rate of 80% including:
  • Building & construction disputes
  • Family business / partnership dispute
  • Commercial contracts disputes – Landlord & Tenant
  • Professional negligence claim
  • Supplier / customer disputes
  • Environmental /contamination disputes
  • A variety of Court annexed / time limited mediations
  • Advising Bristol County Court in setting up Court annexed mediation scheme 2003
  • Advising Bath County Court in setting up Court annexed mediation scheme 2004/5
  • Gloucester County Court DCA Mediator Rep for Mediation Awareness Week 2006
  • DCA /HMCS appointed mediation rep Bath CC & Court Steering Group Committee Member Dispute resolution / mediation presentations to various local Business groups
  • South West Mediation services, equally covers the whole UK

Mediation Style

Robin’s mediation style is commercially focused and pragmatic, yet friendly and relaxed.

He encourages each party to assess their litigation risks and seek commercially viable solutions.

Edward Legard

Mediation North by Mediator Edward Legard (Trained and Accredited by CEDR)

  • Qualified 1999
  • Highly experienced, having conducted in excess of 20 mediations
  • 90% success rate

Commercial contract; Employment; Landlord & Tenant and Property

Examples include:

  • A sex discrimination/constructive dismissal case brought against the Police Force. This took place over two days and resulted in financial settlement and reinstatement.
  • A contractual dispute concerning copyright and CD-rom manufacturing. Resolved to each party’s mutual satisfaction.
  • A stale boundary dispute. This had been ongoing for several years but was settled at the end on a single day of mediation.
  • A disagreement concerning the supply of seafood, requiring an innovative approach and resulting in both settlement and continued business relationship.
  • An assault/false imprisonment case again brought against the Police Force. This was resolved over the course of one day with one party agreeing to pay an undisclosed sum and costs to the other.
  • A number of building disputes.

CAREER HISTORY

BARRISTER (Called 1996)

Specialist employment practitioner covering all major aspects of employment law.

My caseload comprises a broadly even split of Respondent and Claimant work.

HM ARMED FORCES

Army Officer, The Light Dragoons (1989-94)

I joined the army as a Short Service Officer in a Reconnaissance Regiment and was promoted to Captain after two years. I served in the UK, Norway, Germany and Bosnia-Herzegovina.

EDUCATION

  • 1995-1996 The Inns of Court School of Law Bar Vocational Court (Graded ‘Very Competent’)
  • 1994-1995 The College of Law Common Professional Examination
  • 1989-1990 Royal Military Academy, Sandhurst Officer Training
  • 1985-1989 University of St Andrews MA (Hons) English Literature

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.”