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.

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

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.

Carolyn Graham

An accredited (2002) and registered mediator with Centre for Effective Dispute Resolution (CEDR) and accredited (2003) community mediator with Hackney Community Mediation.

A CEDR Solve Mediator and on the mediation panels of ADRChambers, Association of Cambridge Mediators, Effective Dispute Solutions Limited (EDSL), workplace mediation specialists Consensio and Common Ground (formerly Tower Hamlets) Community Mediation.

With a background in the arts & entertainment sector Carolyn applies skills learnt at the sharp end of doing business and combines commercial instincts with an intuitive approach and natural people skills.

She works cross sector and has mediated a wide range of disputes especially employment and workplace (wrongful dismissal; racial discrimination; defamation of character; breach of confidentiality; relationship breakdown; bullying and harassment, capability & performance issues, RTW /sickness absence). Also general commercial (several in arts/media – publishing; TV; film; music industry, theatre); property; inheritance and partnership dispute; landlord/tenant and community.

Carolyn has conducted multi-party mediations, team disputes, telephone mediation and time limited mediation.

Mediation Experience

Carolyn has experience in the following sectors:

  • Business-to-Business
  • Charities
  • Commercial Contract
  • Community
  • Education
  • Employment/Workplace
  • Housing, Landlord/Tenant
  • Media, Sports & Entertainment
  • Partnership
  • Public Sector (Government, local authority, Healthcare)
  • Wills/Probate

Case Summaries – by sector/dispute type

Banking/Corporate Finance/Business-to-Business

  • Dispute between a US based company and a UK based executive recruitment agency regarding disputed levels of commission monies due on an \’introduced\’ candidate
  • Dispute between two company directors and the outgoing Chairman regarding equity shares due on sale of company

Charities

  • Team mediation between 19 staff from one department of a major UK charitable organization
  • Mediation between two colleagues working for national charity, one returning from long term sick leave and where there had previously been allegations of bullying and issues of poor performance

Commercial Contract

  • Dispute between decorating company and a homeowner claiming negligent damage to property
  • Dispute between sports equipment manufacturer and PR consultancy regarding breach of contract/non delivery of services due
  • 3 way dispute between a building construction company, a garage and a construction worker regarding non-payment and poor workmanship
  • Mediation between legal firm and former client regarding non-payment for services rendered
  • Breach of contract dispute between owner of video business and former chairman and finance director regarding latter\’s entitlement to remuneration package/share of proceeds on sale of business
  • Breach of contract dispute between hotelier and company responsible for refurbishment programme
  • Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered
  • Dispute between two property management companies regarding non-payment of rent, repairs and maintenance

Community

  • Mediations involving noise, harassment, anti-social behaviour, pets, children, parking and disputes where cultural and generational differences contribute to the conflict.

Education

  • Post grievance mediation between a University and a senior lecturer regarding allegations of unfair treatment under the disability discrimination act
  • Mediation between two staff members in a primary school where complex personal relationships and issues originating outside of the workplace (including multiple criminal investigations and prosecutions and involving several other family members) had resulted in total relationship breakdown and mutual allegations of harassment within the workplace
  • Team mediation between 12 University lecturers where relationships and trust had broken down
  • Mediation between four colleagues working in a refugee student support unit within a University
  • Mediation between a University Departmental Director and his deputy to help re-establish working relationship following unsuccessful grievance taken out by the latter against the former

Employment/Workplace

  • Pre-tribunal race discrimination claim by employee of international IT company
  • Mediation between 2 remote team members of an International company: a senior manager based in Holland and a UK based direct line report over allegations of bullying and in order to help the line report reintegrate back into the workplace after stress related sickness absence
  • Post ET claim by senior partner of international company for damages for wrongful dismissal
  • Mediation between two staff members bringing mutual grievances against each other for breach of confidentiality, harassment and abuse of authority
  • Mediation between non-executive CEO and her secretary to help reintegrate the secretary back to her original department after relationship breakdown and subsequent 6 month secondment to another department
  • Mediation between joint CEO\’s of a theatre company where the relationship had broken down amidst highly emotional and mutual allegations of bullying and intimidation
  • Mediation between manager and line report in NHS trust hospital regarding issues of performance management and allegations of failure to follow due management process

Housing, Landlord/Tenant

  • Dispute between UK landlord and former tenant, now resident in the US, regarding non-payment of rent
  • Dispute between housing association and tenant regarding levels of compensation due following flood damage to property
  • Dispute between landlord and tenant regarding a disputed rental over-payment
  • Tenant/Landlord dispute with tenant seeking damages for disrepair and an order for remedial work

Media, Sports & Entertainment

  • Breach of contract co-production dispute between European TV company and UK film production company
  • Copyright dispute between songwriter/record producer and a former band member claiming co-authorship of song (subsequently recorded by top selling artist) and entitlement to ensuing publishing and recording royalties
  • Alleged breach of contract between actor and theatre company where the actor thought he\’d been verbally offered an engagement but the theatre company had not
  • Dispute regarding non-payment of royalties between author and famous TV personality and publishing company
  • Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered

Partnership

  • Dispute between two partners and friends regarding division of assets on dissolution of partnership
  • Dispute between two former partners regarding alleged breach of fiduciary duty and breach of intellectual copyright
  • Dispute between two partners following the joint purchase, refurbishment and sale of a property

Public Sector

  • Breach of contract dispute between public sector funding body and regeneration consultancy
  • Mediation between government department and former employee claiming compensation for alleged disclosure of confidential information
  • Team mediation involving 10 GP\’s, recently amalgamated from 3 separate practices into one group practice
  • Mediation between two colleagues in NHS trust hospital where relationship breakdown was seriously impacting on productivity of department and consequently, on financial stability and credibility or organisation

Wills/Probate

  • Mediation involving 9 family members regarding the mutual inheritance of a property abroad where some family members wished to retain the property as a family holiday home, some to run the property as a commercial concern, and some to sell
  • Mediation between mother and daughter regarding disputed division of financial assets following the death of the husband/father.
  • Mediation between twin brothers regarding disputed will of recently deceased mother

Personal Style and Feedback

Carolyn is a calm and clear thinker who can quickly help parties get to the heart of an issue. A creative and pragmatic mediator, she combines a willingness to think ‘outside of the box’ with a common sense approach that encourages parties to reach realistic settlement on soundly commercial terms.

Clients value her friendly, straightforward style, highlighting her ability to build rapport, her calming influence when tensions are running high and her ability to keep proceedings constructive and focused on achieving resolution.

Comments include:

“I just wanted to say thank you from the bottom of my heart for providing the mediation and support last week, I cannot express to you enough how it has helped me” client

“the mediator was brilliant” client

“has good instincts about what matters and what is going on between teams and parties” client

“A very straight forward approach which never obscured the way ahead and left both parties able to decide on an acceptable resolution” solicitor

“As a means of finding common goals and moving forward, I cannot praise this process highly enough. It is amazing, it’s not a case of winning or losing, it’s a case of moving forward – something that I was previously unable to do” client

“Built rapport very well” client

“She is very friendly but quite firm and is good at keeping everything right on track” client

“(the mediation)… was very well run and the mediator did a great deal to put us at our ease throughout the process. She achieved the right balance of control and flexibility to make us feel that we were working within a structure and yet still had enough control ourselves to take it in the direction we were comfortable to go. She also had a very calming influence on everyone there”  client

“..dealt with the authority problems really well” client

“I was impressed by the ability of the mediator to grasp and summarise the essence (and the undertones) of what people were expressing” client

Professional Background

Carolyn worked for over 25 years in the Arts & Entertainment industry, working in both the commercial and not for profit sectors – including 10 years as Director at London’s Southbank Centre – with the management of people, of contracts, of relationships and of finance central to all of her roles.

Areas of particular experience include budgeting and financial management (turnover £6million); organisational development and change management; union/employee negotiations; internal/external stakeholder liaison and all aspects of staff management (including appraisal, training, disciplinary, recruitment, mentoring) and team building.

Other Dispute Resolution Experience

As well as her mediation and facilitation work, Carolyn delivers a wide range of in-house and open access training, seminar and workshop activities in mediation, dispute resolution and conflict management. A passionate advocate for the greater use of mediation skills within the workplace, she is a regular speaker on the benefits of mediating conflict and is increasingly being invited to create bespoke mediation skills training programmes for specific sectors and professions.

She regularly chairs and facilitates meetings including board meetings, Away Days and AGMs and is especially adept at handling contentious meetings, helping organisations reach consensus in challenging circumstances and ensuring that meetings deliver tangible outcomes.

Organisations worked with include:

Amnesty International; Arts Council England; At Work Partnership; British Transport Police; CAFOD (Catholic Agency for Overseas Development); Cambridge University; Camden Council; Central & North West London NHS Foundation Trust; Channel 4; Chelsea & Westminster NHS Trust; Comet; DCMS; Department for Work and Pensions; Dudley Group of Hospitals; English National Opera; Hammersmith NHS Trust; Independent Police Complaints Commission; Independent Theatre Council; Kingston University; Lloyds Banking Group; M.S. Society; Northumbria Healthcare NHS Trust; Office for National Statistics; Oxford Brookes University; Poole Arts Centre; Rank Gaming Group; Really Useful Group;  Refugee Action; Royal Free Hospital; Society of London Theatres; Society of Medicine; Southbank Centre; Standard Life Investment; Theatrical Management Association; University of Wales Institute, Cardiff;

Skills and Interests

Carolyn has a working knowledge of French (‘A’ level and London Chamber of Commerce & Industry ‘Intermediate’ level). She is a CIPD qualified facilitator and is CMI trained in designing and delivering training. Out of work interests include Arsenal, singing in the choir Eclectic Voices, food and drink and collecting jewellery.

Phil Hesketh

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

Highly motivated with an energetic, empathetic and creative style.

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

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

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

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

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

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

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

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

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

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

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

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

Self employed teacher of English as a foreign language.

TRAINEE SOLICITOR PARKERS SOLICITORS, ST. HELENS 1989-1990

Trainee solicitor in general practice.

EDUCATION & QUALIFICATIONS

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

MEMBERSHIP ORGANISATIONS & MEDIATION PANELS

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

VOLUNTARY WORK

  • Pro Bono mediator for LawWorks
  • School Governor

Paul Hughes

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

Particular expertise in claims involving psychiatric injuries and fatal accidents.

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

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

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

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

DATE OF BIRTH:

1962

DATE OF COMPLETION OF MEDIATION TRAINING:

8th October 1997: qualified in San Francisco.

Accredited by ADR Group.

MEDIATION EXPERIENCE:

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

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

CAREER HISTORY:

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

OTHER INFORMATION:

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

Russell Jones

Firm: Fidler and Pepper

Specialisms:

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

Year of Professional Accreditation: 1984

Year of Mediator accreditation: 2007

Career History:

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

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

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

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

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

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