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.

Paul Balen

 
SPECIALISMS:

Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury; defamation; Sports law, and Commercial Mediation.

ACCREDITED MEDIATOR:

31 March 2004

Mediator Paul Balen CAREER HISTORY:

First Class Honours degree in Law and President of University Law Society at Cambridge. Articled at Freeth Cartwright solicitors in Nottingham 1975; qualified as a solicitor 1977 and became partner, now a member, of what is now Freeth Cartwright LLP in 1980. President of the Nottinghamshire Law Society 2005-6; President Nottinghamshire Medico-Legal Society 2007-8.

OVERVIEW OF EXPERIENCE:

Mediator Paul Balen has long experience in advising in a wide range of complex litigation cases including professional, clinical negligence and personal injury cases, particularly involving medico-legal or product liability issues and also libel and slander.

He has a national reputation for the coordination of multi-party actions and the creation of compensation/alternative dispute resolution schemes in groups of claims including liaison with foreign jurisdictions.

He has a wide interest in sports law, including acting from time to time in disputes involving international sportsmen in the rugby, cricket, shooting and football fields.

He has extensive experience in dispute resolution in particular in negotiating and implementing settlement schemes involving both public bodies and commercial (and international) insurers.

Recent settlement schemes include:

  • for the parents of Beverley Allitt’s victims
  • recipients of 3M hip prosthesis
  • recipients of Trilucent breast implants
  • Leicester cervical smear patients.
  • Leicester children wrongly diagnosed with or treated for epilepsy.

Mediator Paul Balen MEDIATION EXPERIENCE:

Paul has mediated a wide variety of mostly commercial based disputes including:

  • Contractual dispute between driving school and ex-instructor;
  • Commercial dispute over faulty servicing of laser cutting machine and counterclaim for loss due to downtime
  • Computer software contract dispute
  • Commercial dispute arising from installation of alleged faulty boiler
  • Construction contract dispute between supplier of timber frames and builder with counterclaim
  • Personal injury following assault
  • Employment dispute/dismissal of director
  • professional negligence dispute between householder, architect and builder
  • Share valuation dispute between directors and former director/shareholder
  • Postgraduate student in dispute with University over degree award

OTHER INFORMATION:

ADR Group registered mediator; member of the Sports Resolutions Panel, Association of Midlands Mediators, Effective Dispute Solutions Limited and Clerksroom Specialist mediation panel.

Senior Fellow Association of Personal Injury Lawyers; Public School Governor and Chairman; Chairman of I.T company.

BOOKS

“Multi Party Actions” (Legal Action Group 1995) with McCool and Day

“Know How for Personal Injury Lawyers – Conditional Fees” (Longmans) (1997) (chapter on conditional fees)

“The Plaintiffs Solicitors’ View” – chapter in Clinical Risk Modification (1999)

“APIL Guide to Fatal Accidents” – chapter on Inquests (2002)

“APIL Guide to Clinical Negligence” to be published by Jordans 2008 (General Editor)

CASES

Stobart v Nottingham Health Authority (1992) 3 Med LR 284 – discovery of medical records before inquest

AB & ors v John Wyeth & os (The Benzodiazipine Litigation) (CA) LTL 20/10/92: TLR 20/10/92 – cut off dates

B & Ors v John Wyeth & os – CA (1992) 1 All ER 443 – discovery of statements referred to in experts reports in group actions

AB & ors v John Wyeth (CA) (1994) 5 Med LR 149 striking out prescriber claims in group action v manufacturers

Heer v Tutton CA (1995) 4 All ER 547 – Striking out after agreement to extend time for defence Or 9r12

Foster v Biosil (2001) 59 BMLR 178 – definition of defect under Consumer Protection Act

A v National Blood Authority (2001) 3 All ER 289 – 2 of the lead cases in seminal group claim defining defect under Consumer Protection Act

Briody v St Helens etc HA (CA) (2002) 2 WLR 394 – recoverability of costs of surrogacy

Sayers & ors v Merck & os (CA) (2002) 1 WLR 2274 – costs orders in group actions

Khan v Secretary of State for Health [2003] EWCA 1129 (Court of Appeal) – Art 2 HRA and inquests- liability of state to fund representation of bereaved relatives at inquests

A & others v University Hospitals of Leicester NHS Trust (2005) EWHC 1416 (QB) Cox J – approval of settlement scheme for the Leicester Children’s epilepsy claims

O’Byrne v Sanofi Pasteur MSD Ltd COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES(FIRST CHAMBER) Case C-127/04 – definition of and date of supply of a product under the Product Liability Directive/ Consumer Protection Act 1987

O’Byrne v Aventis Pasteur MSD Ltd HL [2008] UKHL 34 (Court of Appeal) [2007] EWCA Civ 939; (QB) [2006] EWHC 2562 substitution of defendant outside limitation period

Peters v East Midlands Strategic HA and others.[2008] EWHC 778 (QB) the right of a Claimant to claim full damages for future care costs.