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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.

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 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.

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

Richard Cavadino

Mediator Richard Cavadino

POSITION

Director

Mediator Richard Cavadino QUALIFICATIONS

  • 1974 BSc Quantity Surveying Leeds Polytechnic
  • 1976 Associate of the Royal Institution of Chartered Surveyors
  • 1988 Fellow of the Royal Institution of Chartered Surveyors
  • 2009 Awarded Accredited Mediator Status

EMPLOYMENT

  • 1988 – Variously Proprietor and Senior Partner and currently Managing Director Richard Cavadino and Associates Limited
  • 1986-1988 Partner, Rex Procter and Partners, Chartered Quantity Surveyors, Leeds
  • 1980-1986 Associate Rex Procter and Partners
  • 1975-1980 Senior Quantity Surveyor, Davis Belfield and Everest, London
  • 1974-1975 Assistant Quantity Surveyor, Davis Belfield and Everest, Leeds

Mediator Richard Cavadino Experience:

Chartered Quantity Surveyor covering all aspects of quantity surveying both pre and post contract on a variety of building projects

  • Evaluation of contractor’s claims
  • Employer’s Agent and Contract Administrator on major building contracts
  • Expert witness advising on quantum in dispute resolution
  • Accredited RICS Mediator

Selection of previous and current projects

As Quantity Surveyor:

  • New Casino Scarborough £5,000,000
  • New build Church of St Patrick for Diocese of Leeds – £850,000
  • New build Church of St Phillip for Diocese of Leeds – £700,000
  • Renovations and Extensions to St Urbans Church Leeds for Diocese of Leeds – £520,000
  • Leeds Metropolitan University: Projects from £1,000,000 to £5,000,000
  • Harrogate Hydro Swimming Pool for Harrogate Borough Council value £6,500,000
  • New Arrivals Facility for Leeds Bradford International Airport value £7,100,000
  • New Preparatory school for Wakefield Girls High School value £2,600,000
  • Refurbishment and extension to Retail Park for ASDA Property Holdings value £2,200,000
  • New Superstore Barton-upon-Humber for the Proudfoot Group

As Employer’s Agent/Contract Administrator and QS

  • 23 apartments at Oliver’s View Scarborough – £1,800,000
  • Industrial units at Newcastle for Gladedale Capital plc – £4,500,000
  • Refurbishment of Recovering Alcoholics Hostel in Leeds for St George’s Crypt – £500,000
  • Refurbishment and extensions to St George’s Crypt Leeds to provide overnight accommodation for the homeless. This was the subject of a successful £1 million grant bid to Central Government prepared by Richard Cavadino
  • Currently employed by Peel Developments working up a number of schemes including:
  • Retail Park Extensions and Refurbishment at Blackburn – £12 million
  • Part new-build and part refurbishment Retail Park Corby – £5,000,000
  • Retail Scheme at Stockport for Peel Developments – £2,200.000 – completed
  • Hotel – Teeside Airport
  • 70 new private houses for Capricorn Homes, Streethouse Wakefield – £5,000,000
  • New multi-storey car park for Harrogate Borough Council value £3,500,000
  • New Leisure Centre for Ripon City Council value £1,800,000
  • New Departure Lounge for Leeds Bradford International Airport value £2,200,000
  • New Exhibition Hall for Harrogate International Centre value £2,300,000
  • Retail Park, Rochdale for Kingsway Rochdale Ltd value £2,500,000
  • Banqueting Suite for Leeds United – £2,000,000
  • New stand for Leeds United value £6,500,000
  • New stand for Carlisle United AFC value £2,500,000
  • Consultant to Rochdale Council for new Leisure Centre at Middleton value £13,000,000
  • New Hall at St Anne’s Cathedral Leeds for Diocese of Leeds – £750,000
  • Restoration of The Ropewalk at Barton-upon-Humber for the Proudfoot Group

Mediator Richard Cavadino has also provided a number of Expert Witness reports on construction disputes and as a RICS accredited mediator has mediated a number of disputes in construction and property-related matters.

Rajiv Chelani

Rajiv provides a professional service to his clients. He makes good use of his global commercial expertise gained over 23 years in various roles in 3 continents in corporate and community sector. He worked in varied project management, commercial and community leadership roles.

Having actively got engaged in community projects since 2004 and via his responsibilities being a local councillor, he trained to become an accredited mediator (SPC, London) and attained further Mediation qualifications from West Midlands Mediation and Transformation Services Level 3 of Mediation qualifications in via the Open College Network, UK. In the 22nd edition (2010) of Asian’s Who’s Who directory of British Asians, Rajiv’s name has been added.

Rajiv has taken on responsibilities such as Board member of Citizens Advice in Maidenhead, Committee member of community Partnership in RBWM, being on the victim support scheme at county level and Committee member of Affiliations committee in Mediators Beyond Borders. He has raised many a voices on social issues.

  • Mediation / Arbitration – helping conflicting parties in dispute to reach an agreement they are content with and avoid having to go to a tribunal or court hearing. The scope of Mediation ranges from Community, Commercial, Workplace, ethnicity and International disputes.
  • Restorative Justice Facilitation – It allows Victims and Offenders of crime come face 2 face and engage to understand each other. It reduces rates of re-offending and also the trauma faced by the victims.
  • General Facilitation – for meetings, especially where parties have difficulty reaching an agreement, for example, over a policy issue, cultural / diversity aspects.  Several stake holders could be involved.
  • Training – Train individuals and teams in Corporate / Public sector / NGOs in Conflict Resolution, Mediation and Restorative Justice.

Rajiv has developed his expertise through:

  • His work with Thames Valley & Greater London based mediation services.His training as an accredited Mediator with SPC, Regents College, London.
  • As a Sr. Manager in Global500 companies as front-end negotiator.
  • Restorative Justice Facilitator in Thames Valley (Berks, Bucks, Oxon)
  • Panel member of Community Partnership group in the Royal Borough.
  • Training in Equality and Diversity

Rajiv, besides being a Mediator is an active member of Appeal panels and member of steering committee of various voluntary organisations in the Royal borough and other renowned UK based bodies.

He is an elected member of Royal borough of Windsor and Maidenhead and represents on the board of CAB, Maidenhead, Youth Counselling service, panellist of Community Partnerships & Berkshire’s Victim support scheme. He is also a panellist in the Youth Offending Service in the Royal Borough.

Having worked with people of varied nationalities (in three continents), there is a strong cross-cultural focus which Rajiv can bring about. This has also helped him to be sensitive and resolve disputes based on different belief & value systems.

Some of his current assignments /engagement are listed below:

  • Mediator with Capital Conflict Management CIC, London
  • Mediator with Law Works, London
  • Facilitator with Thames Valley Restorative Justice service
  • Expert panel and author of Mediation in IGNOU (National Open Univ. of India)
  • Member of International affiliations committee of Mediators Beyond Borders
  • Member of UN Studies Association, Berlin, Germany
  • Member of Peace and Collaborative Development Network
  • Mediation panel member of Effective Dispute Solutions Limited

Details of representative Qualification / Trainings

  • Accredited Mediator – SPCP, Regents College London
  • Mediation – by CCM, London, equals Level 3 of OCN qualification
  • Restorative Principles training – trained by Thames Valley Police – 3 days
  • Victim Empathy – Trained by Thames Valley Probation Service – on going
  • Non Violent Communication – based on Marshal Rosenberg trng. – 2 days
  • Equality and Diversity – Training by Directorate of Equality and Diversity
  • Restorative Justice Consortium Winter forum – At Bullingdon Prison – 1 day
  • Workshop on Mediation in Muslim community – by Tony Whatling
  • Mediation Workshop on International dispute resolution – by Ian Lawless
  • Cultural aspects of Dispute Resolution – by Paul Clifford
  • European Mediation Conference @ Belfast – 2 days
  • Scottish Mediation Network, Edinburgh: delivered workshop on 26 Feb, 10

Martin Collingwood

Mediator Martin Collingwood

SOLICITOR ADMITTED: July 1981

FIRMS:

  • Andrew Jackson – 2008-Present
  • Dundas & Wilson – 2007-2008
  • Skanska UK Plc – 2006-2007
  • Clugston Group Limited – 2000-2006
  • Irwin Mitchell – 1997-1999
  • Alfred McAlpine Construction Ltd – 1995
  • Taylor Woodrow Construction Ltd – 1985-1995
  • Wimpey Group Services Limited – 1974-1985

Mediator Martin Collingwood SPECIALISATIONS:

  • Construction and Civil Engineering
  • Company Secretary
  • Mediator
  • PFI Work (toll roads, bridges, schools, health)
  • PPP Lift
  • Infrastructure Projects
  • Wind Energy
  • Power Plants
  • Development Projects
  • Process Plants
  • Oil & Gas
  • Waste to Energy Projects
  • Corporate Acquisitions and disposals
  • Litigation & Dispute Resolution including ADR

MAJOR WORK – Wimpey

  • Infrastructure Projects
  • Corporate formation
  • Acquisition and Disposals
  • Contracts

Taylor Woodrow – Canary Wharf

Preparing and reviewing prime construction contracts, preparation and negotiation of joint venture agreements.

Great Belt Bridge – Denmark

Settlement of the contractor\’s joint venture, negotiation of the construction contracts, preparation and completion of securities documentation and advice on claims.

River Tagus Crossing – Portugal

Advising on concession documents, settlement of the joint venture agreement and tender advice.

Midland Metro Rail Scheme

Advice on and negotiation of the concession agreement and joint venture agreement, preparation and advice on securities documents and advice on withdrawal.

DBFO Roads

Advising on concession documents, preparing contract and joint venture agreements with supporting securities documents.

Channel Tunnel

Reviewing prime construction contract and advising on claims.

Cardiff Bay Barrage

Revising tender documentation, preparation and negotiation of joint venture agreements and advising on subsidiary securities documentation.

Heathrow Terminal 4

Negotiation of and advice on management contract, advice on disputes arising both under the management contract and works contracts.

Heathrow Express Way

Advising on project structure and contract conditions.

Second Forth Crossing

Reviewing and advising on concession agreement, preparation and negotiation of contractors\’ joint venture agreement.

McAlpine

Locum.

Irwin Mitchell

Sheffield National Ice Arena.

Clugston

  • Acquisitions and Disposals
  • Contracting and Civil Engineering
  • PFI, PPP, Lift Schemes
  • Waste to Energy Projects
  • Leisure Retail and Distribution Parks
  • Property Development
  • Litigation and Dispute Resolution
  • including Adjudication, mediation and arbitration
  • Contractual claims

Skanska

  • PFI
  • Framework Agreements
  • Design and Build Development

Dundas & Wilson

  • Development contracts
  • Infrastructure Projects
  • Disputes
  • Acquisitions

Andrew Jackson

  • Head of Construction
  • Development Contracts
  • Alternative Energy
  • Disputes
  • Mediation

INTERESTS:

Music, Training, Fishing, Reading

Mediator Martin Collingwood UNUSUAL FACTS:

  • Member of Society of Construction Law
  • Lecturer Construction Law University of Lincoln
  • Volunteer Adviser Hull Area Business Advice Centre

Mediator Martin Collingwood mediation experience:

Construction:

  • Arbitration, litigation (high court and county court), mediation, conciliation, acting for both plaintiff and defendant and includes advocacy, drafting pleadings etc., instructing counsel, supervising external solicitors, conducting interlocutory applications and full hearings. Adjudication, mediation.
  • Reviewing tender invitations and commenting on risk.
  • Drafting contracts and commercial agreements ab initio and amending the same.
  • Advising on all standard form contracts and sub-contracts at home and overseas.
  • Advising on and drafting project specific contracts and concession agreements.
  • Advising on and drafting design and build contracts, management contracts, project management contracts and professional contracts.
  • Preparation of and advice on contractual claims.
  • Advising on and drafting bonds, guarantees, collateral warranties, joint ventures and business development companies and joint ventures.
  • Advising on and drafting partnership agreements and technology transfer agreements.
  • Advice on PFI, PPP and Lift projects and other equity related projects and contracts.
  • Advice on and drafting oil and gas and other energy related projects both on and offshore.

Corporate:

  • Acquisitions and Disposals (Shares/Assets)
  • Corporate documentation
  • Corporate Formation

Privatisation:

Legal Team Leader Privatisation Bills in various sections including: British Coal, P.S.A., British Rail.

Property

Development Agreements, finance documents

Development:

Agreements for Lease and Leases, appointments and warranties.

Training:

Preparation and delivery of training courses in various aspects of law and current contracts.

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