Robin Lea

Professional background – Current

  • South West Mediation, independent commercial mediator
  • A wide range of mediation experience and a high settlement rate
  • Substantial commercial / industrial management experience at Director level
  • Independent consultant – managing and advising industrial and commercial organisations at the sharp end – including business planning and development, corporate strategy and organisational restructuring

Previous

  • Until August 2005 Dispute Resolution Unit Business Manager and Mediator with Lyons Davidson, Bristol. Set up ADR unit from scratch in 2001
  • Experience with Trades Union disputes and negotiations with EEF, Bristol
  • International business consultancy. USA, Australia and Europe
  • Managing Director of medium sized business for ten years
  • Wide experience in HR field as HR Director

Mediator Robin Lea – Mediation Qualifications

  • CEDR accredited mediator 2003
  • ADR Group accredited mediator 2004
  • CEDR Time Limited Mediation Training – July 2004
  • CEDR Court annexed / time limited mediation Training – July 2004
  • Member Civil Mediation Council
  • Mediation panel member of Effective Dispute Solutions Limited
  • South West Mediation panel member

Mediator Robin Lea – Mediation Experience

  • Completed over seventy mediations and achieved a settlement rate of 80% including:
  • Building & construction disputes
  • Family business / partnership dispute
  • Commercial contracts disputes – Landlord & Tenant
  • Professional negligence claim
  • Supplier / customer disputes
  • Environmental /contamination disputes
  • A variety of Court annexed / time limited mediations
  • Advising Bristol County Court in setting up Court annexed mediation scheme 2003
  • Advising Bath County Court in setting up Court annexed mediation scheme 2004/5
  • Gloucester County Court DCA Mediator Rep for Mediation Awareness Week 2006
  • DCA /HMCS appointed mediation rep Bath CC & Court Steering Group Committee Member Dispute resolution / mediation presentations to various local Business groups
  • South West Mediation services, equally covers the whole UK

Mediation Style

Robin’s mediation style is commercially focused and pragmatic, yet friendly and relaxed.

He encourages each party to assess their litigation risks and seek commercially viable solutions.

Paul Newman

SPECIALISMS:

He has a particular interest in building and civil engineering claims.

He also deals with professional negligence matters (especially claims relating to building professionals), property litigation including rights of way and boundary disputes and general contract / commercial disputes (including consumer law).

CAREER HISTORY:

Called to the Bar by Gray’s Inn in November 1982, Paul completed pupillage in leading commercial Chambers in London (1982-1983). After practising at the Manchester Bar, he worked for a well-known firm of construction claims’ consultants in the North-West before settling in Cardiff (1990). In Cardiff he worked for two major regional solicitors’ practices (specialising in construction law, adjudication, arbitration and mediation) before joining 3 Paper Buildings (Bristol annex) (now 3 PB barristers) in September 2006. He has both acted as a mediator and represented parties in excess of 60 mediations. He writes and lectures on mediation and related topics.

LANGUAGES:

Speaks and writes fluent French as well as having a detailed knowledge of Spanish and German.

OVERVIEW OF EXPERIENCE:

Paul has been involved in approximately 60 mediations –

  • Building and engineering disputes (domestic and commercial)
  • Sale of goods (including consumer credit)
  • Partnership disputes
  • Unfair prejudice to a shareholder
  • Professional negligence
  • Franchise
  • Professional negligence claims
  • Boundary disputes

RECENT MEDIATION EXPERIENCE:

  • A dispute between an absentee Russian property owner and a contractor relating to a major house refurbishment in North London
  • A civil engineering claim relating to the migration of Japanese knotweed
  • Termination of a collaboration agreement in the construction industry
  • House renovation contract in the South Wales Valleys

EDUCATION:

Paul is a graduate (1980) of Clare College, Cambridge (MA) – Modern and Medieval

Languages (French & Spanish).

He completed the Diploma in Law (1981) (City University) and Bar Finals (1982) at the Council of Legal Education (London)

PROFESSIONAL QUALIFICATIONS:

  • Called to the Bar by Gray’s Inn, November 1982
  • ADR Group accredited mediator 2001
  • Fellow of the Chartered Institute of Arbitrators 1999
  • RIBA and CIC accredited construction industry adjudicator 1997

MEMBERSHIP:

Gray’s Inn; Bar Council listed mediator; Chartered Institute of Arbitrators, Oxford Mediation
Group, Talk Mediation and Mediation panel member of Effective Dispute Solutions Limited

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.

Umran Sadiq

CAREER AND PERSONAL OVERVIEW

From a grammar school background Umran studied law in Leicester and Birmingham. He commenced his training contract at Southall & Co solicitors (Birmingham) in 1996 and upon qualification as a solicitor in 1998 was entrusted with a management role at one of the Firm’s offices. In 1999 he joined Davisons Solicitors (Birmingham) and within one year was running the civil litigation group at the Firm. He became a partner in 2004 and currently manages two key offices. He continues to head the litigation team and is also responsible for the Firm’s risk management and professional indemnity affairs.

Umran acquired accreditation as a mediator from ADR Chambers (UK) Ltd and is a member of the Association of Midlands Mediators as well as a mediation panel member of Effective Dispute Solutions Limited.

Umran has a wide range of experience in general civil and commercial litigation with a particular specialism in construction and property disputes, professional and clinical negligence cases, personal injury, contested probate and Inheritance Act claims and employment issues.

Working in the litigation field Umran has also acted as a Solicitor Advocate on numerous occasions including successfully representing clients at trial.

The substantial experience acquired as a mediator, solicitor and advocate, in addition to key skills as a negotiator in litigation, with good interpersonal skills enhance the abilities necessary as a mediator to provide parties with great prospects of successfully settling their dispute at mediation.

MEDIATION EXPERIENCE

Umran has been involved in numerous mediations covering a wide variety of areas in general civil and commercial litigation, acting in both a representative capacity and as mediator and/or assistant mediator.  Examples of a few of the mediations include:

  • Commercial dispute between hotel owners and architect about delay in preparation of plans and obtaining planning permission for hotel extension (£2 million claim);
  • Construction dispute between a property owner and builder with regard to standard of refurbishment works (£500,000 claim);
  • Commercial Lease dispute for forfeiture with possession action in relation to a public house with counterclaim for breach of trade support agreement and misrepresentation;
  • Commercial dispute arising from illegal forfeiture action with counterclaim for payment and apportionment of rental liability (£100,000 claim);
  • Professional negligence claim against a firm of solicitors for under-settling of personal injury claim for their client (£25,000 claim);
  • Disputed probate and Inheritance Act claim brought by former wife against the Deceased\\\’s Estate;
  • Employer and employee dispute involving respective disciplinary and grievance procedures being pursued;
  • Family dispute between brother and sister in relation to testamentary wishes of parent in contested Will and in relation to running of family business;
  • Contractual dispute between builder and property owner in relation to works, fees levied, disputed additional fees with counterclaim for refund of monies (£300,000 counter-claim).

SOLICITOR ADVOCATE EXPERIENCE

Umran has successfully represented clients as their Advocate at trial, such as for:

  • Claimant in securing full indemnity in a Part 20 Claim against him for the recovery of hire charges paid to hire company asserted by him to have been fraudulently claimed;
  • Claimant in pursuit of personal injury claim under the Occupiers Liability Act and against employer for failing to comply with relevant Health and Safety legislation.

OTHER INFORMATION

  • Good interpersonal communication skills.
  • Additional spoken languages: Urdu, Punjabi and Hindi.
  • Personal Professional liability insurance as a Mediator.

Ken Salmon

Solicitor in England, Wales and in Eire

Construction: contentious and non-contentious business experience

  • Building, civil engineering, professional negligence, rail, marine, energy, site remediation, Representation and advocacy in adjudication, arbitration, litigation, mediation, conciliation and expert determination
  • Defence of prosecutions under Health & Safety and Environmental legislation
  • Drafting and negotiating construction documentation

Non construction legal experience

  • Professional negligence
  • Commercial litigation
  • Personal injury for claimant and defendant

Recent mediation experience

  • 2004 Dispute about quality of work and materials between employer and flooring contractor
  • 2007 Professional negligence claim against structural engineer over design of steel-framed 3-storey building
  • 2007 Professional negligence claim by home buyer against solicitors and surveyors
  • 2008 Tenant’s claim for rent and Landlord’s counterclaim for dilapidations (telephone mediation)
  • 2008 Disputes between employer and contractor under a building contract over sums due
  • 2008 Claims and counterclaims about determination, repudiation, payment, costs of completion and defects, concerning plumbing works under a series of contracts
  • 2008 Claims and counterclaims under a contract for cladding and roofing works, with issues over price, measure, defects and following disputed determination over loss of profit.
  • 2009 Claim by builder for payment and loss of profit on repudiation with counterclaim by building owner for defects and damages for delay and repudiation
  • 2009 Claim by builder for payment with counterclaim by employer for defects and loss of rents
  • 2009/10 Dispute between partners over retiring partner’s entitlements
  • 2010 Claims and counterclaims arising out of proposed sale of industrial unit
  • 2010 A tripartite dispute concerning liability for damage to two electrical motors used for power generation and cost of replacement, loss of profits and management time

In addition, Ken has represented parties in mediations (and other ADR processes) on many occasions.

Career history

  • 1973 Admitted to the Roll of solicitors for England & Wales
  • 1975 Appointed as partner Kirk Jackson (now Rowlands)
  • 2001 Joined Mace & Jones as a partner
  • 2005 Admitted to the Roll of solicitors Republic of Ireland
  • 2007 Chartered Institute of Arbitrators Mediator Accreditation

Other information

  • Member of the Panel of Mediators of the CIArb
  • Member of the Panel of the Association of Northern Mediators
  • Member of Panel of LawWorks
  • Member of CIArb and Committee member NW Branch
  • Member of TeCSA
  • Member of the Adjudication Society
  • Member of SCMA
  • Mediation panel member of Effective Dispute Solutions Limited

Endorsements

“He was clearly acquainted with the issues and had read the papers. His experience was evident and he inspired confidence from the outset” Pat Albaster Ian, Simpson & Co solicitors

“The case was settled. Mr Salmon demonstrated a comprehensive understanding of the legal issues. He had read the papers thoroughly and handled the mediation and in particular the parties aspirations sensitively. His conduct in the matter was instrumental in the parties reaching a settlement.” Nick Johnson Glaisyers solicitors

“His skill at conciliatory mediation was in my opinion, the catalyst to the agreement reached…”. “…both parties… have continued to trade…” “I greatly appreciate the efforts of [Ken] and recommend him highly.” Q Flooring Systems Limited

“…Mr Salmon put our client at ease and had clearly read and understood all of the documentation provided to him in advance. He took a flexible approach to the mediation and ultimately the dispute was resolved without the need for the usual round-table session. Mr Salmon came across as knowledgeable and familiar with the law, the type of dispute and the mediation process. The over all impression was that Mr Salmon was a very experienced and competent mediator.” Pannone solicitors

“I appointed Ken Salmon as mediator on a construction dispute which had being on going for a significant period of time with the costs of litigation a concern for all. Through his calm, organised and commercial approach Ken was able to help negotiate a settlement which was satisfactory to the parties when this had appeared unlikely prior to his involvement. I would instruct Ken again and would recommend him to mediate on disputes of this nature.” Richard Preston, Beswicks solicitors Stoke on Trent

Lubna Shuja

Birmingham Mediation Services, Birmingham Mediator – Areas of work

  • General Civil Litigation
  • Personal Injury
  • Divorce and Financial Orders
  • Boundary Disputes (one of which led to an appeal in the Court of Appeal)
  • Professional Negligence Claims
  • Solicitors Disciplinary Cases
  • Employment Law
  • Commercial and Contractual Disputes
  • Residential Property
  • Landlord and Tenant Litigation
  • Wills and Probate
  • Large Debt Actions

Mediation experience includes:

  • Property/boundary dispute between neighbours involving rights of way, obstruction / use of a joint access road and adjoining footpath crossing over one of the neighbours land. Amount involved was £35,000 plus costs.
  • Unlawful discrimination dispute between a large University, its Student Union body and a group of 8 students. The students were claiming unlawful discrimination on the grounds of race/religion and victimisation by the University and the Students Union. Amount involved was £80,000 plus costs.
  • Commercial dispute between directors of a company involving share transfer agreements, payments that had not been agreed, directors loans, breach of terms of directors agreement and other issues. Amount involved was £50,000 plus costs
  • Probate disputes between siblings over inheritance and contents of a Will. Amounts involved were from £60,000 to £800,000 plus costs
  • Divorce and ancillary relief claim concerning the assets of the marriage. Amount involved was £500,000 plus costs

Professional qualifications

  • Practising Solicitor since 1992
  • Mediator accredited with the Centre for Effective Dispute Resolution (CEDR) since
  • Nov 2005
  • Member of Association of Midlands Mediators (AMM)
  • Previously Member of Northern Association of Mediators
  • Member of the Law Societys Personal Injury Panel for over 10 years
  • Member of the Association of Personal Injury Lawyers (APIL) for over 8 years
  • Member of the Motor Accident Solicitors Society (MASS) for over 14 years
  • Member of the Law Societys Solicitors Sole Practitioners Group since 2006
  • Mediation panel member of Effective Dispute Solutions Limited

Personal profile

  • Represented clients on a boundary dispute that was heard in the Court of Appeal
  • Was runner-up in the Yorkshire Lawyer of the Year Award (2001) as voted by private clients
  • Versatile, committed and dedicated professional with excellent communication and interpersonal skills
  • A pragmatic approach to problem solving with full confidence in my abilities as a
  • Mediator
  • Approachable, discrete and trustworthy reputation
  • Fluent in Urdu and Punjabi

Interests

  • Strong interest in the arts particularly theatre, television and cinema
  • Founding member of the Asian Theatre School (part of the Red Ladder Theatre Company)
  • Enjoy travelling abroad and have visited many countries including most of Europe, America, Mexico, North Africa, the Middle East, Malaysia, Romania and the Indian Subcontinent
  • Keen interest in music, health issues and current affairs.

Louisa Taylor

Louisa is an experienced and highly competent mediator with a background in private equity and substantial business expertise and experience at all levels.

Her practice is flexible and focused on the individual needs of the parties having carried out approximately 70 mediations covering a variety of commercial, employment and property disputes.  Louisa stakes her reputation on her integrity, honesty, professionalism and drive to go the extra mile for clients to achieve a workable, cost effective solution for every client.

Areas of Expertise

Employment and Workplace, Commercial, Negligence, Insurance, Property and Inheritance

Accreditation Body

ADR Group and Mediation UK

Qualifications

Qualified Solicitor
BA in French and Italian

Professional background

  • Founder of The Conflict Resolution Company Ltd (Mediation and Training Provider) London 2004-2010
  • Freelance consultant specialising in planning strategy and development within the Public Sector
  • Director of Menasse Business Developments later merging with Senexus Technologies and Consulting, London 2002-2004 (senior strategy and planning)
  • Davenport Lyons 2002 (solicitor in the corporate department)
  • S.J. Berwin 2001-2002 (solicitor in the private equity department)
  • McClure Naismith 1991-2001 (solicitor in the corporate / banking departments)

Recent Mediations

  • Workplace Mediation between three senior managers
  • Employment mediation between Director and Head of Legal of Primary Care Trust
  • Workplace mediation between Assistant Director and Director of Primary Care Trust
  • 20 Director mediation and facilitation between director/shareholders
  • Supply contract dispute: between commercial (PLC) supplier and public body purchaser with ongoing relationship
  • Professional negligence claim involving disputed will
  • Insurance claim and counterclaim: involving car owner and insurance company
  • Contractual claim and counterclaim: involving tenant directors and tenant shareholders of property management company
  • Professional negligence claims: involving solicitors and long standing client
  • Medical negligence claims: involving Strategic Health Authority and parent on legal aid
  • Breach of contract: dispute between charterer and agent of overseas shipping manufacturer
  • Neighbourhood disputes: involving noise, violence and mental health issues

Endorsements

  • “very impressed by the quality of work put in both in the mediation and behind the scenes”
  • “Louisa played a significant role in helping us reach a very useful result”
  • “Louisa displayed real skill and empathy during the mediation… prepared very thoroughly before the mediation”
  • “Louisa was very helpful in guiding the process”
  • “Good mix between presentation and interaction..clear and precise…motivating”
  • “I feel much more equipped to prepare myself and my member company to participate in a mediation”

Panel Memberships

Louisa is a member of Lawworks, a probono mediation panel, the Association of Cambridge Mediators, Camden Mediation service, Effective Dispute Solutions Limited and the panel of TCRC Ltd

Personal Interests

Louisa is married with two daughters. She enjoys travel, plays the piano, loves music and is committed to personal development.

Jonathan Tecks

ARBITRATION PRACTICE

Issued over 175 arbitration awards
Member of the Chartered Institute’s Panel since 1995;
Member of the Commercial Scheme and Mortgage Code Panels;
Review Arbitrator for Travel Scheme Arbitrations;
Appeared as counsel in construction arbitrations.
Co-author of ‘The Arbitration Act 1996 – A Commentary’ published by Blackwell Publishing: fourth edition August 2007.

MEDIATION PRACTICE

CEDR accredited, involved in over 30 mediations;
Mediated commercial mediations as sole mediator, joint mediator and party representative
Mediated court-annexed and community mediations.

ACADEMIC POSTS

Principal Lecturer, University of the West of England with responsibility for E-Learning, since 2002;
Senior Lecturer, UWE, 1999-2001;
Associate Course Director for the Diploma in Arbitration, College of Estate Management, Reading;
Lead Assessor for Mediator Accreditation Assessments, Chartered Institute of Arbitrators.
Past Chairman, Examinations Board, Chartered Institute of Arbitrators.

PRACTICE AT THE BAR

Sole practitioner (as arbitrator and mediator) in commercial, property and construction work, based in Taunton since 2003;
1995-2003: Littman Chambers (Mark Littman QC), 12 Gray’s Inn Square,
1989-95 : 3 Paper Buildings (Thayne Forbes QC);
1980-89 : 10 King’s Bench Walk (Kenneth Zucker QC).

Areas of Experience Include

Commercial:

  • Agency
  • Commercial agreements
  • Franchising agreements
  • Financial regulation
  • Jurisdiction across borders
  • Mortgages
  • Partnerships
  • Professional negligence
  • Sale of goods

Property:

  • Boundaries
  • Business tenancies
  • Easements
  • Joint ventures
  • Landlord & tenant
  • Registered land
  • Restrictive covenants
  • Stakeholders
  • Vendor & purchaser

Construction:

  • Ad hoc contracts
  • All-weather surfaces
  • Defective design & construction
  • Nuisance
  • Performance bonds
  • Residential, commercial and industrial premises
  • Standard form contracts
  • Welding standards

Peter Webster

Solicitor of the Senior Courts of England & Wales (admitted 1 October 1999

Member of Panel of Commercial Mediators at Clerksroom, Talk Mediation, Commercial and Medical Dispute Solutions, and Effective Dispute Solutions Limited

Qualified commercial, family, workplace and community mediator

  • Director of All Saints Theatre Limited (drama production company no. 3779270)
  • Director of Thea Limited (incorporated solicitors’ practice company no. 5664871)
  • Trustee of Thea (registered charity no. 1076525)
  • Native English-speaker also fluent in French
  • Born 10 October 1967 in Manchester, United Kingdom
  • Educated at Manchester Grammar School, St John’s College Cambridge, and the Central London College of Law

CAREER HISTORY

October 2007 to date… Solicitor – Principal – Thea Limited

November 2004 – September 2007… Senior Solicitor – Construction – Capsticks

March 2002 – September 2004… Assistant Solicitor – Construction – Fenwick Elliott LLP

October 1999 – March 2002… Assistant Solicitor – Construction – Masons

September 1997 – September 1999… Trainee Solicitor – Four seats – Penningtons

July 1994 – August 1997… Executive Secretary -Rwanda Project3 – Relationships Foundation

EDUCATION

8 O-levels (6 As, 2 Bs), 3 A-levels (3 As), 2 S-levels (both grade 1)
II,2 degree in Classics/Modern & Medieval Languages
Diplomas in Law and Legal Practice

MEDIATION EXPERIENCE

Mediating between an elderly couple and the builder whom they were suing for defective workmanship and delays in completing the refurbishment of their retirement home.

Mediating a settlement to a dispute arising from failure to underpin a party wall to a domestic semi-detached property which included contractual arguments about allocation of design liability.

Mediating a settlement to a boundary dispute involving a tree which had been removed by a party whose neighbour alleged that it was on his property.

Mediating disputes between an employer and his main contractor, and a main contractor and his sub-contractor, where there were issues of contractual interpretation arising from bespoke terms dealing with insolvency risk and payment for additional works.

Mediating a dispute arising from non-payment of solicitors’ fees by a corporate client.

Mediating the settlement of claims upon dissolution of a partnership in an investment property by two former spouses and one of their friends.

Numerous community mediations, mostly involving noise disputes between neighbours, but also harassment of various kinds.

Acting as mediation advocate in four commercial mediations, and advising clients on negotiation strategy in mediation where the client participated alone; conducting without prejudice meetings following mediation principles.

SECTORS

  • Healthcare
  • Regeneration
  • Middle East

SPECIALISMS

Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation, Civil Mediation, Advocacy, Family and Workplace Mediation