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

 

Dr Michael Butterworth

Mediator Dr Michael Butterworth is available to undertake all aspects of Commercial, Civil and Community mediation, including claims in the County Court to multi-party, high value claims.  Mediator Dr Michael Butterworth is also able to advise, and negotiate, in most types of dispute and dispute resolution. In the last 12 months Mediator Dr Michael Butterworth has been involved in over 50 disputes and mediated in over 20 of them with a 77% success rate.

Professional Qualifications and Accreditations:

  • 1992 LLM (Cardiff) [Master in Law]
  • 2004 Accredited as a mediator by the Chartered Institute of Arbitrators 2004
  • MCIArb [Mediator Member of the Chartered Institute of Arbitrators]
  • 2006 Accredited as a mediator by the ADR Group

Mediation Experience:

Commercial mediator in a number of disputes including, but not restricted to:

  • Breach of contract
  • Commercial & business, including franchising, finance, & sale & supply of goods
  • Misrepresentation
  • Public services including local authorities
  • Landlord and tenant
  • Supply of services
  • Transport including railways, airlines and aviation
  • Racial harassment
  • Wills and Probate
  • Banking services
  • Contractor
  • Property
  • Building works and services
  • Boundary disputes
  • Institutional
  • Professional disagreement, including partnership disputes
  • Professional fees
  • County Court time-limited (fast tract and multi-track) mediations
  • Multi-party mediations

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

Roderick O’Driscoll

Mediator Roderick O Driscoll, Rod is a Chartered Arbitrator, Accredited Mediator, a Notary Public and a qualified Solicitor of the Supreme Court.

Roderick was admitted as a solicitor in 1967 and has specialised in Construction and commercial matters for over thirty years. He became a fellow of the Chartered Institute of Arbitrators in 1991 and an accredited mediator in 1996. As well as acting in a private capacity in the above, he has for the last ten years or so lectured and run courses for the Chartered Institute of Arbitrators and others in all forms of ADR. His experience has primarily included the resolution of commercial disputes, all forms of building and civil engineering projects both here and abroad and, as a solicitor, he has had a full working experience of the Court practices and systems.

Educational and training:

  • Ampleforth College, Yorkshire
  • The Law Society
  • Chartered Institute of Arbitrators

Mediator Roderick O Driscoll Current Professional Activities:

  • Practising Arbitrator and Mediator
  • Legal Adviser on all ADR matters
  • Course lecturer, tutor, and examiner
  • Provision of Notarial Services

Mediator Roderick O Driscoll Legal Professional History

March 1957 to March 1962 – Articled to the Rt. Hon. Lewis Silkin – Minister of Town & Country Planning of Lewis Silkin & Partners, Stories Gate, Westminster, London

March 1962 Qualified Solicitor of the Supreme Court and became Partner in Lewis Silkin & Partners practising from London

March 1970 Appointment as Notary Public

1972 – 2001 Senior Partner in Roderick O’Driscoll & Partners, Maidstone, Kent specialising in commercial, industrial and building disputes principally in the High Court. Practising advocate in Magistrates, County Courts and Official Referee’s Court with experience of Court of Appeal and House of Lords. Involvement in Official Referee’s Court (now Technology and Construction Court) as advocate and instructing solicitor relating to disputes concerned with general construction matters. Instructed by many large companies in Europe and throughout the world dealing in a number of international cases.

2001 – 2008 Senior Partner in Gulland & Gulland, Maidstone, Kent as Head of Construction and Arbitration Department.

Mediator Roderick O Driscoll Memberships and associated activities

  • The Law Society of England.
  • The Institute of Chartered Arbitrators.
  • SICA FICA, an international organisation dealing with dispute resolution.
  • Fellow of Chartered Institute of Arbitrators
  • Panel member of Chartered Institute of Arbitrators
  • Accredited Mediator (CIArb)
  • Professional member of Dispute Resolution Board
  • Assessor for Mediation Accreditation for the Chartered Institute of Arbitrators
  • Member of the Law Society Arbitration Panel
  • Approved Member of the Civil Mediation Council
  • Founder member of Keep Talking Eu (mediation suppliers)
  • Approved Tutor for the Chartered Institute of Arbitrators
  • Member of the Association of Building Engineers
  • Honorary Life Member of the Institute of Clerks of Works
  • Member of the Society of Construction Arbitrators
  • Member of the European Court d’Arbitage, Strasbourg
  • Lecturer and author of several articles on Arbitration Law
  • Co-founder of the South Eastern Dispute and Arbitration Centre
  • Vice Chairman of South East Branch of Chartered Institute of Arbitrators
  • Mediation panel member of Effective Dispute Solutions Limited

Mediator Roderick O Driscoll Previous experience and case work

Roderick has been involved in several hundred cases in his capacity of Arbitrator and/or Mediator both international and domestic, involving commercial, construction and engineering issues. He has gained close familiarity with all the principle forms of construction contracts. His experience extends to all types of building and civil engineering matters and he has a detailed knowledge of prolongation issues.

His commercial experience covers all forms of agreements including, amongst other subjects, intellectual property, partnership agreements, franchise agreements, Landlord and Tenant, and boundary issues.

In recent years, he has been involved both as advocate and as arbitrator in a number of international disputes, and domestic construction cases the values of which generally vary from £50,000 to in excess of £1m. His appointments, other than private appointments, are made by the Law Society or the Chartered Institute of Arbitrators and he is a panel member of both organisations.

He is actively involved as a mediator receiving both private and Court appointments, and was a founder member of the Mediation Group of the South Eastern branch of the CIArb.

Ike Ehiribe

1982 – Called to the Nigerian Bar
1991 – Notary Public for Nigeria.
1994 – Fellow of the Chartered Institute of Arbitrators UK.
1996 – Called to the Bar of England & Wales (Lincoln’s Inn)
1998 – Accredited Mediator of the Academy of Experts (Q.D.R.) Qualified Dispute Resolver.
2005 – Fellow of the Singapore Institute of Arbitrators.
2007 – Chartered Arbitrator.

Mediator Ike Ehiribe Relevant Panel Listing specific to Mediation and ADR.

  • The Panel of Commercial Mediators of the Chartered Institute of Arbitrators.
  • The Panel of Commercial Mediators of the Academy of Experts.
  • The Panel of Commercial Mediators for Effective Dispute Solutions Limited.
  • The Panel of Neutrals of the World Intellectual Property Organisation in Geneva(WIPO).
  • The UK Patents office Panel of Mediation providers.
  • Communication & Internet Services Adjudication Scheme
  • IP & Electronic Media Panel of CIARB (www.communications-adr.com)
  • The Panel of the London Borough of Tower Hamlets Leaseholders Dispute Resolution Scheme.
  • The Property Panel of the London Branch of the Chartered Institute of Arbitrators.
  • The Public Access Barristers’ Association (PABA) Mediation Panel.
  • Senior Adjudicator and Panel Convenor of the Tenancy Deposit Protection Adjudication Scheme.
  • Senior Adjudicator and Panel Convenor of the Adjudication Scheme for Home Builders.

Mediator Ike Ehiribe Recent Dispute Resolution Training and Experience specific to Mediation and ADR

  • Attended three day Construction Adjudication training course conducted by the Chartered Institute of Arbitrators in May 2004.
  • Attended mandatory training course for the London Borough of Tower Hamlets Leaseholders\’ Dispute Resolution Scheme conducted by the Chartered Institute of Arbitrators in November 2005.
  • Attended one day Training for the Dispute Resolution Scheme of the British Marine Federation in March 2007 conducted by the Academy of Experts.
  • Attended Expert Determination Course conducted by the Academy of Experts in February 2009.
  • Attended two day training workshop for Intellectual Property Mediators in May 2009 conducted by World Intellectual Property Organisation (WIPO) in Geneva.
  • Appointed Assessor of Mediators seeking panel listing by the Chartered Institute of Arbitrators since 2004.
  • Appointed by the Department of Constitutional Affairs to promote the use of Mediation in the resolution of disputes in May 2005 at the Bedford and Luton County Courts during the Mediation Awareness week.
  • Appointed Course Director and Lead Trainer for the Tenancy Deposit Protection Panel and other Consumer Adjudication Schemes by the Chartered Institute of Arbitrators since 2007.
  • Delivered paper on the “Drafting of ADR Clauses in Maritime Contracts” at the School of African and Oriental Studies at the University of London in October 2008.
  • As an Accredited Mediator I have conducted Mediations in well over 200 civil and commercial disputes on the County Court Annexed Mediation Scheme, the National Mediation Helpline Scheme, the Cost Controlled Mediation Scheme and Ad hoc.
  • As a Chartered Arbitrator and Adjudicator I have issued well over 400 awards and decisions in civil and commercial disputes.
  • As Counsel I have advised and represented diverse parties involved in civil and commercial disputes in the County Court, The High Court, the Court of Appeal, domestic arbitral tribunals, international arbitral tribunals, court annexed mediation sessions, and ad-hoc mediation sessions.

Mediator Ike Ehiribe Other Relevant Appointments

  • Member the Hong Kong Mediation Council.
  • Nominated one of the Judges of the 2nd I.C.C. (International Chamber of Commerce) International Commercial Mediation Competition held in Paris in February 2007.
  • Former member of the ADR Committee of the General Council of the Bar (2006-2008).
  • Former Interim Chairman of the ADR Committee of the Chartered Institute of Arbitrators from January 2005-August 2005.
  • Former member of the ADR Committee of the Chartered Institute of Arbitrators from October 2001 – August 2005

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.

Phil Hesketh

Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor.

Highly motivated with an energetic, empathetic and creative style.

Became a full time mediator in 2008. Acted as Lead Mediator in a range of cases including personal injury, partnership disputes, employment, professional negligence, landlord and tenant, commercial contract claims, boundary disputes and probate claims.

Writes extensively on mediation for the The Law Society, the Association of Personal Injury Lawyers, The Costs Lawyer Magazine, Butterworths and The Local Government Lawyer. Regular contributor to on-line magazine PI Brief Update Law Journal. Provides in-house training on mediation to law firms and other mediation users and observation opportunities for newly qualified mediators.

SENIOR SOLICITOR & MEDIATOR CLARKSON HIRST SOLICITORS, LANCASTER – 2003-2008

Senior solicitor in the litigation department. Varied caseload of personal injury and general litigation matters, including fatal accidents, employers’ liability, road traffic accidents, public liability claims, contractual disputes and employment matters.

Advocacy included interlocutory hearings and CICA final appeal hearings. Responsibility for development and marketing of the personal injury department and meeting quality standards and for the training and development of staff. Developed commercial mediation business.

SENIOR SOLICITOR RUSSELL JONES AND WALKER, MANCHESTER – 2000-2003

Managing solicitor of the personal injury fast track claims department. Responsible for management of the fee earner team and support staff. Handled own caseload of Multi Track personal injury claims, predominantly employers’ liability, stress related illness and road traffic accident. Developed and supervised the specialist CICA team. Responsible for marketing to institutional clients.

Developed fee tracking software database and implemented it firm wide, designing and delivering the associated training nationally. Responsible for staff development and Continuing Professional Development training in the office, writing and delivering training seminars. Recruited and trained new fee earning staff. Member of the senior office management team.

ASSISTANT SOLICITOR THOMPSONS SOLICITORS, LIVERPOOL & MANCHESTER – 1990-1993 & 1995-2000

Completed training and qualified as a solicitor. Handled personal injury claims, predominantly employers’ liability and industrial disease cases. Assisted with multi-party litigation including Hillsborough Disaster and “welders’ lung” test cases. Acted for successful claimant in House of Lords case of Knowles v Liverpool City Council [1993].

Responsible for office Legal Aid compliance. Introduced cost recovery scheme for funded disbursements. Latterly also head of Criminal Litigation (related to employment) in the Manchester office. Assisted with preparation and delivery of in-house training seminars.

TEACHER OF ENGLISH AS A FOREIGN LANGUAGE MADRID – 1993-1995

Self employed teacher of English as a foreign language.

TRAINEE SOLICITOR PARKERS SOLICITORS, ST. HELENS 1989-1990

Trainee solicitor in general practice.

EDUCATION & QUALIFICATIONS

  • University of Leicester – Law Degree class II(i) Hons, 1988
  • College of Law, Chester – Solicitors’ Final Examination, 1989
  • Metropolitan University of Leeds – Certificate in TEFL, 1992
  • Admitted as a solicitor November 1991
  • Accredited as a Commercial Mediator 2006

MEMBERSHIP ORGANISATIONS & MEDIATION PANELS

  • Association of Northern Mediators
  • Trust Mediation
  • Mediation panel member of Effective Dispute Solutions Limited

VOLUNTARY WORK

  • Pro Bono mediator for LawWorks
  • School Governor

Paul Hughes

Head of Insurance Litigation Department, specialising in personal injury and insurance litigation. Also experienced in claims involving police forces and general civil litigation.

Particular expertise in claims involving psychiatric injuries and fatal accidents.

Has dealt with claims for Chronic fatigue Syndrome and industrial disease.

Represented defendant in landmark ‘stress’ case of Walker v Northumberland County Council, and has been involved in numerous stress at work cases subsequently.

Although current caseload mainly for Defendants, also deals with Claimant cases, and has represented Claimants in the past on the instruction of a trade union.

Experience of dealing with claims against police forces to include false imprisonment, malicious prosecution and alleged assault cases.

DATE OF BIRTH:

1962

DATE OF COMPLETION OF MEDIATION TRAINING:

8th October 1997: qualified in San Francisco.

Accredited by ADR Group.

MEDIATION EXPERIENCE:

Mediation experience includes over 40 mediations to date. Cases mediated are mainly, but not exclusively, personal injury cases. Examples of mediations include:

  • Infant fatality with claim for PTSD by mother. Liability and quantum issues. Mediation lead to settlement after a hidden issue was discovered and dealt with by the parties
  • Stress at work case by teacher.
  • EL claim involving fatal accident. Major issues on both liability and quantum, involving particularly sensitive issues impacting upon dependency claim.
  • Claim for assault, wrongful arrest and malicious prosecution by litigant in person against police force. Claim discontinued at mediation.
  • Personal injury claim with significant quantum issues including suspected fraud / surveillance evidence.
  • Professional negligence action against solicitor and surveyor.
  • Partnership dispute.
  • Landlord and tenant dispute.
  • Acted for one of the parties in the landmark Court of appeal case of Halsey v Milton Keynes NHS Trust / Steel v Joy.
  • 2006: involved in recording Law Society ADR training video for lawyers

CAREER HISTORY:

  • Admitted in 1988
  • Solicitor, Marrons 1988
  • Solicitor, Crutes 1989
  • Partner at Crutes since 1995.

OTHER INFORMATION:

  • Member: Law Society
  • Forum of Insurance Lawyers (FOIL)
  • North East regional representative for FOIL special interest group in ADR since 2000
  • Member of Law Society ADR Committee

Russell Jones

Firm: Fidler and Pepper

Specialisms:

  • Commercial Disputes
  • Insurance
  • Engineering/Manufacturing disputes
  • Property disputes
  • Professional Negligence
  • Partnership disputes
  • Boundaries/title disputes
  • Landlord and Tenant
  • RTA/work/other injury claims
  • Building and Construction disputes

Year of Professional Accreditation: 1984

Year of Mediator accreditation: 2007

Career History:

Sheffield University 1977-1981
Chester Law College 1982-1983
Partner in Litigation and Dispute Resolution Department Fidler and Pepper 1986-date

Extensive experience of advising in a range of both civil and commercial disputes from boundary disputes to breaches of general commercial contracts and company partnership break ups.

Advising in negligence claims to the value of several million pound settlements, with particular expertise in road traffic and work based accidents including involvement in one of the first UK structured settlement cases.

Working in the historic heart of a dominant coal mining community with strong links with Trades Unions, worked with a textile manufacturer to negotiate the withdrawal of a powerful trades union agreement. Success depends upon extensive research and objective risk analysis based on the strength of each case.

Commercially minded with very strong technical knowledge in Engineering and Manufacturing and technical IT expertise playing an integral part in the growth of the firm through IT initiatives.

A practical, lateral thinker with the inner strength to see things through, supported by excellent time management skills. A calm and gentle disposition, inquisitive and thorough, quickly building up knowledge through well developed listening skills.