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

 

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.

David S Black

Mediator David S Black CAREER

Graduate of the University of St Andrews (BSc. (Hons) – Chemistry).

Trained as chartered accountant with KPMG Thomson McLintock in Glasgow. Subsequently worked for several firms in the UK and overseas.

Joined McLarens Toplis, a large firm of loss adjusters, in 1988 as an insurance claims accountant based in Birmingham.

Promoted to associate director in 1993 and left in 1997.

Now specialises in the provision of mediation, litigation support and claims consultancy services as a partner with HW Forensic.

Member of the Institute of Chartered Accountants of Scotland (CA) – 1978, Chartered Insurance Practitioner (ACII) – Qualified as associate in 1990, Associate of the Chartered Institute of Loss Adjusters (ACILA) – 1992, Fellow of the Chartered Institute of Loss Adjusters (FCILA) – 1997, FUEDI European Loss Adjusting Expert (ELAE) – 1999, Fellow of the Chartered Insurance Institute (FCII) – 2000, Associate of the Chartered Institute of Arbitrators (ACIArb) – 2002, Accredited by ADR Chambers (UK) as a Mediator – 2006.

EXPERIENCE

Mediator David S Black, mediations have included disputes on business disposal warranties, construction, insurance claims handling, actions involving liquidations, boundaries, telecoms and professional negligence effects. Experience includes time limited mediations. Has been involved in commercial and neighbourhood mediations and helped achieve resolution of disputes.

An experienced Expert Witness acting for claimants, defendants and as a single joint expert, appearing in Court in a variety of circumstances and has contributed to the successful resolution of disputes and claims by negotiation including those relating to estates.

Mediator David S Black, panel member of Association of Midland Mediators (AMM) & Effective Dispute Solutions Limited (EDSL). Member of the Expert Witness Institute (MEWI). Member of BIBA West Midlands Liability and Consequential Loss Society and of BILA. Panel member of ICAEW Presidential Appointments Scheme for expert determination of business disputes. Past President of a local insurance institute. URC Synod officer and charity trustee. Contributor of articles in legal, insurance and accountancy magazines and newsletters. Seminar presenter on a variety of valuation, claims and dispute related and insurance industry topics.

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.”

Dr Paul Wheatley

Experienced telecoms consultant and manager, developed from technical background through business analysis, planning, finance and project and line management in technology & telecoms (fixed and mobile; domestic and international; start-up, operation and rationalisation).

Extensive experience in market/industry analysis and business cases. Hands-on analytical, planning & control skills, solid “people person” and constructive self-starter.

Employment Summary

2005 – Managing Director Paul Wheatley & Associates Ltd

  • Business plan development and bid support, mostly in the telecoms domain, for clients on a consultancy basis or with associates on an entrepreneurial basis.  Projects have included bid support for an MVNO in Saudi Arabia and “WiMaxing” Riyadh, business planning for an internet-based social monitoring concept and for an energy generation/trading concept and sales support for Telecom Expense Management solutions.

2004 – Commercial Mediator Self-Employed

  • Resolution of commercial disputes. Active founding member, now Partner, of the Association of Cambridge Mediators, a regional service provider for the National Mediation Helpline. Currently expanding practice into Deal Mediation, i.e. applying the principles of mediation to help parties in a negotiation “close better deals faster”

2004 – 2005 – General Manager EMEA and CFO Ceremon Corp

  • Ceremon is a privately-owned US-based IT consultancy/SI firm focussed on telecoms market.
  • Worked with CEO/Owner on investment appraisals, lead generation, revenue planning, client relations and development of strategy, value propositions and partnerships.
  • Prepared and presented bids, including complex proposals to supply Bulk Messaging Gateway to Dutch mobile operator, Customer Care & Billing systems to Triple Play operator in Bahrain, 3G strategy for Czech mobile operator and BPR to Indian telco.
  • Negotiated distribution agreements with suppliers of systems and mobile content.
  • Developed marketing collateral, web-site, news stories, corporate presentation and case studies. Successful assignment to produce financial business analysis and plan for a consortium bidding to provide full range of telecom services to Dubai International Finance Centre.

2003-2004 – Sabbatical – Study & World Travel

  • Completion of Law Degree; CEDR Accreditation as Civil/Commercial Mediator
  • Independent Travel: Russia; SE Asia; Australia & New Zealand

1988-2003 – Various positions listed below BT and its subsidiaries

2000-2003 – General Manager (“Algemeen Directeur”) BT (Worldwide) Netherlands

  • P/L responsibility for provision of internal business services, mainly customer and network operations and payphones, with close involvement in pan-European re-structuring activities
  • Part-time Managing Director of Intrax (satellite services for broadcasters) in Netherlands & Germany, managing integration into BT and major cost-reduction programme

1999-2000 – Director, Operational Planning & Performance Telfort (Operations) Amsterdam, Netherlands

  • Business planning & control for newly-formed department of 1500 people; introduced comprehensive performance reporting for fixed & mobile operations
  • Negotiation & resolution of complex commercial disputes at board and shareholder level

1998-1999 – Director, Finance & Business Planning Telfort Mobile

  • Control of annual budget over € 250m, hitting all P/L and cash-flow targets
  • Built, operationalised and controlled activity-based business plans and budgets for all departments, representing the CEO for most internal matters

1997-1998 – Networks & Systems Business Manager Telfort

  • Introduced and maintained financial and project control of € 30m engineering programme

1996-1997 – Implementation Project Manager BT Europe / Telfort Utrecht/Amsterdam, Netherlands

  • Project-managed set-up of joint venture between BT and Dutch Railways (NS), roll-out of nationwide network and initial product launches, co-ordinating 500 tasks and 80 people

1991-1996 – Manager, Technology Analysis Unit BT (Group HQ) London/Ipswich, UK

  • Appointed initially as the first analyst of this new unit undertaking industry, business & competitor analysis with a technology slant, producing annual R&D report for BT Main Board and analysis of competitors’ investments, applications & intellectual property.
  • On becoming manager in 1993, I expanded the team’s activities to support BT’s legal team for litigation against competitors and to provide direct support to BT business units, including a six month secondment to a marketing segmentation & targeting project

1988-1991 – Senior Development Engineer BT (Research & Technology)

  • Development of optical fibre amplifiers and transfer to commercial production

1987-1988 – Consultant PA Consulting Group Cambridge, UK

  • Project manager with extensive client contact; various technologies including ceramic sensors, lasers in explosive environments, conducting polymers and semi-conductors
  • 1984 Engineer (“Stagier” between university degrees) CGR Ultrasonique Meaux, France designed & tested digital filters for use in medical imaging system

Directorships

  • 2001 – 2003     Yellow Pages BV     Investment company
  • 2001 – 2003     ESAT Telecom Holdings Ltd – Owner of BT’s interests in Ireland
  • 2000 – 2003     Farland BV, Farland Services BV – Provider of pan-European broadband network
  • 2000 – 2003     BT (Worldwide) Netherlands BV – Global network and customer service operations
  • 2005 –             Paul Wheatley & Associates Ltd – Vehicle for own business activities

Education

  • 2003      LL.B (Upper Second Class Honours) Nottingham Law School
  • 1987      Ph.D.: “Devices for Optical Logic” University College London
  • 1984      B.Sc. (Eng.): Electronic Engineering (First Class Honours) University College London

Languages

French and German (O-level grade A; French fluent when practiced; German replaced by Dutch)Dutch (no formal education but good understanding, reasonable conversation)

Personal, Community & Professional

  • Interests: three children; boating & sailing; gym; horse-riding; travel; investment & derivatives trading.
  • Chairman of local charities and member of local council (1991-96; 2005-07).
  • Winner of various awards, including BT Chairman’s Award for Creativity & Innovation and finalist in Prince of Wales Award for Innovation & Production.
  • Thirteen academic publications and ten US/UK conference presentations on optoelectronics.
  • Member of UK Institution of Engineering and Technology (IET, formerly IEE).