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

 

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 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

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

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.

Frances Place

SPECIALISMS:

  • Debt/Contract disputes
  • Family Inheritance/Probate
  • Constructive Trusts
  • Equality Issues
  • Employment/Workplace disputes
  • Neighbour disputes

MEDIATION EXPERIENCE:

Founded and managed Family Mediation Department at Lyons Davidson for 11 years. This is now a flourishing and busy department. Versatile and able mediator experienced in a number of different mediation models including: sole mediation, co-mediation (particularly useful for complex multi-party disputes) and shuttle/caucusing.

Following commercial mediation training in 2002, mediated regularly for Devon and Exeter Law Society for their In-Court Mediation Scheme and co-founded the In-Court Mediation Scheme at Bath County Court for commercial cases.

Mediated in a wide variety of disputes including:

  • Employment and workplace disputes
  • Inheritance Act, property and business disputes
  • Disability Discrimination Act disputes and other Equality Act disputes
  • Hundreds of mediation hours mediating in complex family disputes
  • Business/Partnership Disputes
  • Debt/Contract Disputes
  • Environmental Disputes
  • Education Disputes

OTHER INFORMATION:

  • ADR Group Accredited Civil and Commercial Mediator
  • Family Mediators Association Member
  • Reunite Panel Mediator
  • ADR Net Member
  • Family Mediation Council
  • College of Mediators
  • The Law Society’s Family Mediation Panel
  • Civil Mediation Council
  • Mediation panel member of Effective Dispute Solutions Limited

Some feedback includes:

“We thank you for your assistance in this matter, our client has indicated that mediation has been a huge help in resolving this issue.”

“Can I take this opportunity to thank you for navigating us through these difficult matters, your determination to find common ground and resolution, and the support and encouragement you have given.”

“Thank you for helping us to reach an early settlement which we both feel is fair.”

“Thanks for the professional way in which you have handled this matter.”

“Many thanks for all of your help.  We could not have wished for better support.”

“I really feel that coming to see you we have progressed.”

PROFESSIONAL BACKGROUND:

  • 1982 to 1987 – Kinsley Smith & Co, Gillingham, Kent
  • 1987 to 1996 – Battens, Bristol
  • 1996 to 1999 – Wood Hodkinson & Co, Bristol
  • 1999 to 2010 – Lyons Davidson
  • 2010 to Present – Progressive Mediation

Qualified as a solicitor in 1982. Experience in PI, Landlord & Tenant, Consumer and Family disputes.

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.”

Sheelagh Robinson

Relevant Education/Qualifications

  • 2007 Birkbeck College/Institute of Family Therapy (“IFT”) NFM accredited training in family mediation training
  • 2006 Lewisham Action on Mediation Project 6 day mediation training
  • 2003 – 2006 Birkbeck College/IFT Merit, MSc Conflict Resolution & Mediation Studies
  • 2004 Mediator – CEDR accredited (6 day mediation training)
  • 1982 Qualified as a Solicitor, following 2 years training contract and successful completion of Law Society academic requirements
  • Background Education/Qualifications
  • BSc (Econ) – Philosophy from London University (LSE)

Mediation experience

County Court, mostly under the National Mediation Helpline (“NMH”) from May 2006 to date:

  • Assistant in 3 and co-mediator in 9 small claims mediations in Hitchin County Court dealing with such matters as outstanding debts or the sale of faulty goods or services.
  • Assistant in 16 mediations (lasting 3 to 8 hours) and sole mediator in 2 mediations, all under the NMH scheme dealing mainly with breaches of contract (including commercial contracts) and disputes relating to property.

Employment from May 2001 to date

  • In January 2009 mediated a dispute amongst employees, including the head teacher, in a private school and received very positive feedback.
  • In early 2008 co-mediated a case brought by someone 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.
  • From 2001, have represented clients in mediations of disputes, mainly involving claims of discrimination (race, sex or disability) brought by employees against various government departments or NHS bodies. Given the complexity of these cases many took some time to resolve.

Family from June 2008 to date

  • Volunteer mediator, at Lewisham Action on Mediation Project (“LAMP”)

Neighbourhood from September 2006 to date

  • Volunteer community mediator, at LAMP, have visited the parties in 9 disputes and co-mediated 14 different disputes

Panel membership:

Member of the following panels

  • LAMP – from July 2006
  • Specialist Mediators – from April 2008
  • LawWorks – from July 2008
  • Wandsworth Mediation Service – from March 2009
  • Effective Dispute Solutions Limited – from January 2009

Career History – Legal work

Government Legal Service (“GLS”), London, Solicitor, from May 1992 to February 2009

  • Consultant in Employment Law, Treasury Solicitors 2007 to 2009 – part time employment law consultant, chair of cross-Whitehall TUPE task force and member of the GLS ADR group
  • Team leader of Employment Team, Treasury Solicitors 2004 to 2007 Managing a team of 25 lawyers and support staff responsible for providing legal services (litigation and advisory) to a number of government departments and agencies on a broad range of employment law.
  • Encouraged team to use mediation, as opposed to court proceedings, when appropriate.
  • Member of GLS ADR group, encouraging the use of ADR cross-Whitehall
  • Used mediation skills in dealings with clients and in managing team
  • Chair of cross-Whitehall TUPE task force

Senior Principal Officer DH/DWP (Employment Lawyer) 1998-2004

  • Advising on all aspects of employment law, especially TUPE, and undertaking Employment Tribunal cases
  • Chaired DWP/DH ADR group raising awareness of various forms of ADR and also promoting and increasing the use of ADR within both Departments
  • Principal Officer DH/DWP (Advisory lawyer, specialising in primary health care ) 1995-1998 Drafting secondary legislation, in the form of Regulations, Orders, Orders in Council, relating to primary health care and part of a team involved in drafting primary legislation,
  • Drafted Directions and Regulations relating to the establishment of conciliation provision within the NHS, at both primary and secondary health care level.

Principal Officer DH/DWP (Litigation lawyer) 199 -1995 – general litigation lawyer

  • Having conduct of judicial review and employment cases

London Borough of Tower Hamlets, Assistant Solicitor/ Deputy to the Neighbourhood Solicitor 1991-1992

  • General litigation lawyer, undertaking complex housing cases, personal injury cases and general litigation, providing advice on a broad range of local authority law, attending a range of committee meetings.

Sole Practitioner, London NW1 of a niche legal aid practice 1987 – 1991

  • Specialising in family law, housing law and administrative law. Also provided training on housing law (e.g. linked to relationship breakdown) for Shelter and National Council for One Parent Families and on welfare benefits for MIND

Tower Hamlets Law Centre, London E1, Locum Employment/Housing Lawyer, 1986 – 1987

  • Specialising in employment and housing law cases and supervising casework and pro bono lawyers at pro bono advice sessions at several venues in the Borough

Open University, tutor, 1985 – 1992, 2000 to 2002

  • Law tutor teaching family & employment law at summer school and latterly administrative law/crime throughout the academic year

Messrs Hudgell Yeates & Co., London SE3

  • Trainee Solicitor then Assistant Solicitor in a local legal aid firm, 1980 – 1986 Specialising in family law & conveyancing /probate after 2 years spent as trainee

Jeffrey C Rosenthal

Business Background

During the past 15 years I have been extensively involved in dispute resolution work, acting as an arbitrator and expert witness, and since 2000 as a mediator. This work has been as much of a legal nature as accountancy, and I have increased my working knowledge of contract law and consumer law, as well as maintaining my professional knowledge in accountancy and related financial matters.

My background as the principal of my own accountancy practice and understanding of business and consumer problems, sprinkled with a good measure of common sense, has been of considerable value in dealing with a wide range of problems.

My earlier work as a practising accountant and consultant covered a wide range of business activities and trade association work, as well as all of the usual functions associated with accounting practices in the Small to Medium sized Enterprise field (SME’s). I held an Insolvency Licence until the end of 1998, and was a Registered Auditor until the end of 1999.

My consultancy activities included the independent valuation of businesses; advising on business mergers and break‑up; preparing prospectuses and negotiating the sale of businesses; advising vendors on the sales of minority interests; advising the purchasers in a management buy‑out; a substantial individual voluntary arrangement; negotiating finance facilities for numerous clients; assisting clients in resolving a wide range of disputes.

My dispute resolution experience covers the following areas:

  • Partnership dissolution disputes
  • Directors disputes and minority shareholders claims
  • Shareholding and business valuations
  • Professional negligence claims
  • Professional fee disputes
  • Investment advice complaints
  • Consumer complaints regarding holidays, mortgages, finance and leasing, and home improvements
  • Losses arising from personal injuries
  • Neighbour disputes relating to high hedges and boundaries

8 of my last 10 mediations resulted in settlement.

Mediation Experience from May 2008

CPD Status

CPD kept up to date. Registered as a practicing mediator with the Association of Midlands Mediators, The Chartered Institute of Arbitrators, Talk Mediation, Effective Dispute Solutions, and Specialist Mediators.

Mediator in the following disputes

February 2010 – The husband and wife Claimants were marginally minority shareholders in a Water Conditioning Company. They were dismissed from employment in 2006 and ultimately petitioned the Court for the Defendants to buy their shareholding and repay £21,000 of dividends that had been wrongfully withheld from them. High Court proceedings had been commenced and pleaded under a CFA; a five-day Hearing was due at the end of February 2010.

The major problems were that both parties had incurred substantial costs to date; an independent Accountants Report on the value of the company had only been received two days before the Mediation; neither party was aware of the insurance premium for “After the Event” cover under the CFA. This was ascertained during the mediation as £55,000, and then reduced to £40,000.

Negotiations were difficult. The Defendants accepted liability to pay for the shares and repay the dividends, but considered the costs and insurance premium to be grossly excessive. The Claimants’ Solicitors accepted responsibility for delays, and waived their CFA uplift entitlement to secure a settlement.

Provisional agreement was reached for payment of £170,000 by the Defendants. This comprised £90,000 for the shares and dividend issues and £80,000 towards the Claimants’ costs. However, only £50,000 could be paid immediately, and £120,000 by instalments over five years. This was subject to completion of an Affidavit of Means by the Defendants within the following week.

December 2009 – The Claimant had provided IT support services for the Defendant firm of Accountants. The system ran into problems, which the Claimant asserted were due to the incorrect installation of software. The Defendant counterclaimed for reinstallation costs and loss of staff chargeable time. The claim was for £11,000, and the counterclaim £14,000. Settlement was agreed with a payment of £5,000 from the Defendant to the Claimant, with both parties to pay their own costs.

September 2009 – The Claimant had sold her Dental Practice to a larger organisation. The sales contract included an unquantified payment of 10 per cent of a newly negotiated specialist NHS contract. The Claimant considered that the payment should be £35,000, based on the expected level of activity, whereas the Respondent assessed the payment at £8,000, based on the actual activity in the first year. New information was produced during the Mediation that showed the anticipated level to be between £125k and £175k. Settlement was agreed based on a median figure of £15,000, with both parties to pay their own costs.

September 2009 – The Claimant was suing for £9,100, plus costs and interest of £1,500, for goods supplied to a former customer who was no longer in business due to the destruction of his premises by fire. The Defendant maintained that the Claimant had refused to accept returned goods to the value of approximately £2,500, and had also refused discounts and similar credits in excess of £1,000. The parties agreed a last minute settlement of £5,500, with both parties to pay their own costs.

July 2009 – The father and son shareholders of this family owned opticians business were at loggerheads over the ongoing management and financing of the business. The mediation was intended to enable them to resolve these differences by one of them buying out the other’s interest, including one-third of the shares left by a deceased family shareholder.

Problems highlighted related to incorrect and out of date accounts; no reliable current financial information; entitlement to proceeds of a six-figure life assurance policy; family relationship issues, excess salaries by both father and son! No agreement was reached, but the parties were left to consider how best to resolve these issues.

April 2009 – Dispute over unpaid consultancy fees passed on to a third party customer by the Defendant’s former trading company. It was not possible to meet in person due to illness of a Director, and the mediation was conducted by telephone and email. The Defendant agreed to pay the claim, but required deferred payment terms that were negotiated.

April 2009 – This was a three party multi track dispute concerning the purchase of a sophisticated photocopier and reprographic devices under a Finance Agreement. The Purchaser considered that he had been overcharged by the supplier, and that the Finance Company was complicit in this. The claims and counterclaims exceeded £32,000, and costs were into five figures. The five-hour mediation nearly resulted in settlement on the day, and the closing concessions were made by email over the following two days. Settlement was for £8,500 payable to the Finance Company by the Purchaser and supplier between them, with all parties paying their own costs and the claims and counterclaims being dropped.

January 2009 – This dispute related to 16 balances on various construction service contracts. As the Claimant had not reviewed the Defence to the Claim, the parties were unable to enter into settlement negotiations as the time available was absorbed by detailed reviews of the outstanding balances claimed. A number of documents were exchanged to assist this process. Both parties preferred to adjourn the mediation to allow time for further reviews of the supporting documents rather than reach a compromise settlement. As this process did not lead to an agreed settlement, the mediation was resumed at a later date, but no agreement was reached.

September 2008 – The Claimant had obtained a substantial refund of V.A.T. for the Defendant’s Rest Home business, for an agreed fee of 20% of the net recovery. However, additional fees were charged by the Local Authority, which the Defendant had not expected. The Claimant’s contract documents had not made it completely clear who should bear these additional fees of approximately £13,000. There was considerable antipathy by the Defendant’s husband towards the Claimant, who he accused of deliberately misleading him in the pre-contract negotiations. He needed to be persuaded that all of the relevant information had been made available to him had he taken note of it. Settlement was reached for a reduced payment by the Defendant.

June 2008 – The Claimant had provided professional accountancy services for the two Respondent companies, but had failed to obtain a letter of instruction or to clarify its charging rates. As all of the work was of an ad hoc nature, this led to disputes regarding both the time and rate charged. The Claim was for £3,800, plus costs and interest, and settlement was reached for £1,410 (£1200 + V.A.T.), with both parties paying their own costs.

May 2008 – The Claimant was seeking payment from the Defendant for goods supplied to a client of the Defendant under a Trade Finance Agreement. The Defendant contended that it was not liable because there were no Supplier Undertakings for the produce not paid for, and that the Claimant had failed to comply with various conditions. The Claimant had issued Court proceedings.

The Claimant maintained that there was a verbal agreement from a member of the Defendant’s staff for a “rolling undertaking.” The Defendant and the employee denied this, and there was no evidence. The recipient of the goods had gone into administrative receivership. The Claimant eventually accepted that he could not substantiate his case. Both parties agreed to meet their own costs of the proceedings to date.