Mediator Harvinder Singh Bhurji

Mediator Harvinder Singh Bhurji

The lead Mediator and Director of Effective Dispute Solutions Limited is Harvinder Singh Bhurji. Since 2002 he has been actively involved in alternative dispute resolution, as a Mediator, Arbitrator, Conciliator, Mediation Trainer, Tutor and Assessor.

Mediator Harvinder Singh Bhurji Mediation Qualifications & Accreditations

Harvinder is a law graduate, a Qualified Dispute Resolver and an Accredited Commercial Mediator through CEDR, the Academy of Experts and the ADR Group, an Accredited Workplace and Community Mediator through UK Mediation, a Mediation Tutor and Accreditation Assessor for the Chartered Institute of Arbitrators Commercial Mediation training programme and is on their approved faulty list for whom he teaches and assesses for in the UK and overseas, as well as a qualified Manager through the Chartered Management Institute and holds a Certificate In Teaching in the Lifelong Learning Sector.

Mediator Harvinder Singh Bhurji Mediation Experience

  • Mediated over 500 civil &commercial, workplace & employment and family disputes across all sectors.
  • Several testimonials recommending Harvinder as a mediator.
  • 90% success rate.
  • Mediated disputes with a value of a few hundred pounds to millions of pounds.
  • Over a decades experience.
  • Experienced in face to face, time limited, court referred & telephone mediations.
  • Mediated disputes between two parties as well as multi parties.
  • Harvinder fluently speaks English as well as Punjabi, understands Hindi and Urdu and regularly mediates with clients who are unable to speak English and only these languages.
  • He has written and submitted mediation articles to various publications.
  • Assisting with the research into Court based mediation schemes commissioned by the then Department of Constitutional Affairs.
  • He and Effective Dispute Solutions Limited hold professional liability insurance, copies of which are available on request.

Mediator Harvinder Singh Bhurji Mediation Panel Memberships

Harvinder Singh Bhurji is a member of the following;

  • The Academy of Experts
  • ADR Group
  • ADR Services
  • Association of Midlands Mediators
  • British Marine Federation Dispute Resolution Scheme
  • CEDR’s 125 mediation scheme
  • CEDR Exchange
  • Chartered Institute of Arbitrators
  • Civil Mediation
  • Council Clerksroom
  • IDRS Immediation
  • Manchester Law Society
  • Mediators In East Anglia
  • National Mediator Database
  • National Mediation Helpline
  • Oxcheps Higher Education Mediation Services
  • Royal Institute of Chartered Surveyors
  • Neighbour Dispute Panel
  • Sandwell Consumer Support Network
  • Sandwell Council’s Housing Arbitration Panel
  • Specialist Mediators

 

Jane Walmsley

Training

1998: CEDR (Centre for Effective Dispute Resolution) Accredited Commercial Mediator
2002: MATA (Mediation and Training Alternatives) Advanced Mediator Skills Training Course, Italy
2004: TeCSA (Technology and Construction Solicitors Association) Specialist Construction Course for Mediators

Mediation Style

Jane encourages people to take full advantage of the mediation process and the control which it gives them to explore all possible means of resolving their dispute and find pragmatic, realistic solutions. She works with participants on assessing all options and constructing safeguards to protect positions post-settlement, to allow them to make well-judged decisions in the light of available information. She is described as professional, facilitative, patient, persistent and perceptive.

Mediator Jane Walmsley – Experience

Jane has mediated and co-mediated in a wide range of commercial matters, from multi-million pound claims to claims brought in the Central London County Court and the Birmingham Civil Justice Centre mediation schemes. She also mediates in workplace disputes where no cash claim exists but where conflict between individuals has resulted in declining productivity, efficiency or profitability and made working life intolerable. Some examples of the cases she has mediated are:

  • Claim by a GP against a former Partner and the Practice for racial discrimination and unfair dismissal.
  • Dispute in a university between a senior academic and a member of staff in relation to changes made to a job description during maternity leave and a consequent claim for constructive dismissal.
  • Dispute in the same university between a head of department and a member of their staff in relation to claims of bullying.
  • Dispute in a college of further education in which a lecturer claimed that her manager was bullying her. The conflict had been going on for 2 years and the lecturer signed off sick with stress for 6 months.
  • Dispute between joint property owners arising after the breakdown of their relationship. While the main dispute was about the value of the property and therefore the amount to be paid, there were also a considerable number of relationship issues in play.
  • £2 million dispute between brothers about breach of fiduciary duty and the ownership of a family business.
  • £200,000 claim by a building company for non-payment of fees for work done during the construction of commercial premises.
  • £2 million claim for alleged negligent advice against stockbrokers.
  • Dispute between partners in a solicitor’s firm about the terms and conditions for one partner to leave the partnership.
  • Dispute between partners in an accountancy firm about the mechanisms for one partner to leave the partnership, including a £260,000 claim.
  • £250,000 claim for defamation by a businessman against a friend with whom he had entered into a project which had failed, resulting in the breakdown of their relationship.
  • Dispute between two electrical engineering companies about the purchase of industrial robots and the subsequent breakdown of a joint venture project.
  • Claim by a solicitors’ practice for non-payment of fees against a client for whom they were acting in an employment dispute.

Promoting and Raising the Profile of Mediation

1999 to date: A founder member of the Association of Midlands Mediators, a regional association of commercial mediators which:

  • provides mediation services
  • promotes mediation in the Midlands area
  • provides CPD training for members

2000-2002: Member of the CEDR training faculty.

Involved in delivering “The Lawyer’s Role in Mediation” training courses to litigation departments in individual solicitors’ firms, a barristers’ chambers, an insurance company and the Treasury Solicitor.

2002-2005: Member of the Birmingham Civil Justice Centre Mediation Scheme Committee. Participated in the establishment and monitoring of this court-led mediation scheme from its inception to its end due to changes in Government policy.

2005 to date: Member of the Chartered Institute of Arbitrators (CIArb) Mediation Accreditation Panel, acting both as an assessor and as a chief assessor.

2009 to date: Member of the MATA training faculty, providing feedback and coaching to delegates on the CIArb Commercial Mediator Training Course.

In addition, Jane has participated in a number of mock mediations, both as the mediator and as a party. These have been designed to demonstrate the mediation process and allow the audience to observe the strength, flexibility, and value of the process.

Mediator Jane Walmsley – Professional Background

Jane is a non-practising barrister. She was called to the Bar in July 2008.

Has studied a LL.M in International Commercial Law at the University of Birmingham, comprising modules in:

  • English law of the international sale of goods
  • Commercial conflicts of laws
  • International and comparative oil and gas law
  • International commercial arbitration.

In addition to her mediation practice, Jane runs a training consultancy practice. She qualified as a trainer in 1987 and has been training lawyers since 1990, initially as Training Manager with a large national group of solicitors’  firms and since 1993 as an independent consultant. Her client base includes many of the leading city and regional law firms. She is much in demand for communication and management skills training, particularly negotiation skills and presentation skills, and as a coach to partners and assistants on improving and developing the ways in which they and their teams communicate and work together.

Paul Balen

 
SPECIALISMS:

Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury; defamation; Sports law, and Commercial Mediation.

ACCREDITED MEDIATOR:

31 March 2004

Mediator Paul Balen CAREER HISTORY:

First Class Honours degree in Law and President of University Law Society at Cambridge. Articled at Freeth Cartwright solicitors in Nottingham 1975; qualified as a solicitor 1977 and became partner, now a member, of what is now Freeth Cartwright LLP in 1980. President of the Nottinghamshire Law Society 2005-6; President Nottinghamshire Medico-Legal Society 2007-8.

OVERVIEW OF EXPERIENCE:

Mediator Paul Balen has long experience in advising in a wide range of complex litigation cases including professional, clinical negligence and personal injury cases, particularly involving medico-legal or product liability issues and also libel and slander.

He has a national reputation for the coordination of multi-party actions and the creation of compensation/alternative dispute resolution schemes in groups of claims including liaison with foreign jurisdictions.

He has a wide interest in sports law, including acting from time to time in disputes involving international sportsmen in the rugby, cricket, shooting and football fields.

He has extensive experience in dispute resolution in particular in negotiating and implementing settlement schemes involving both public bodies and commercial (and international) insurers.

Recent settlement schemes include:

  • for the parents of Beverley Allitt’s victims
  • recipients of 3M hip prosthesis
  • recipients of Trilucent breast implants
  • Leicester cervical smear patients.
  • Leicester children wrongly diagnosed with or treated for epilepsy.

Mediator Paul Balen MEDIATION EXPERIENCE:

Paul has mediated a wide variety of mostly commercial based disputes including:

  • Contractual dispute between driving school and ex-instructor;
  • Commercial dispute over faulty servicing of laser cutting machine and counterclaim for loss due to downtime
  • Computer software contract dispute
  • Commercial dispute arising from installation of alleged faulty boiler
  • Construction contract dispute between supplier of timber frames and builder with counterclaim
  • Personal injury following assault
  • Employment dispute/dismissal of director
  • professional negligence dispute between householder, architect and builder
  • Share valuation dispute between directors and former director/shareholder
  • Postgraduate student in dispute with University over degree award

OTHER INFORMATION:

ADR Group registered mediator; member of the Sports Resolutions Panel, Association of Midlands Mediators, Effective Dispute Solutions Limited and Clerksroom Specialist mediation panel.

Senior Fellow Association of Personal Injury Lawyers; Public School Governor and Chairman; Chairman of I.T company.

BOOKS

“Multi Party Actions” (Legal Action Group 1995) with McCool and Day

“Know How for Personal Injury Lawyers – Conditional Fees” (Longmans) (1997) (chapter on conditional fees)

“The Plaintiffs Solicitors’ View” – chapter in Clinical Risk Modification (1999)

“APIL Guide to Fatal Accidents” – chapter on Inquests (2002)

“APIL Guide to Clinical Negligence” to be published by Jordans 2008 (General Editor)

CASES

Stobart v Nottingham Health Authority (1992) 3 Med LR 284 – discovery of medical records before inquest

AB & ors v John Wyeth & os (The Benzodiazipine Litigation) (CA) LTL 20/10/92: TLR 20/10/92 – cut off dates

B & Ors v John Wyeth & os – CA (1992) 1 All ER 443 – discovery of statements referred to in experts reports in group actions

AB & ors v John Wyeth (CA) (1994) 5 Med LR 149 striking out prescriber claims in group action v manufacturers

Heer v Tutton CA (1995) 4 All ER 547 – Striking out after agreement to extend time for defence Or 9r12

Foster v Biosil (2001) 59 BMLR 178 – definition of defect under Consumer Protection Act

A v National Blood Authority (2001) 3 All ER 289 – 2 of the lead cases in seminal group claim defining defect under Consumer Protection Act

Briody v St Helens etc HA (CA) (2002) 2 WLR 394 – recoverability of costs of surrogacy

Sayers & ors v Merck & os (CA) (2002) 1 WLR 2274 – costs orders in group actions

Khan v Secretary of State for Health [2003] EWCA 1129 (Court of Appeal) – Art 2 HRA and inquests- liability of state to fund representation of bereaved relatives at inquests

A & others v University Hospitals of Leicester NHS Trust (2005) EWHC 1416 (QB) Cox J – approval of settlement scheme for the Leicester Children’s epilepsy claims

O’Byrne v Sanofi Pasteur MSD Ltd COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES(FIRST CHAMBER) Case C-127/04 – definition of and date of supply of a product under the Product Liability Directive/ Consumer Protection Act 1987

O’Byrne v Aventis Pasteur MSD Ltd HL [2008] UKHL 34 (Court of Appeal) [2007] EWCA Civ 939; (QB) [2006] EWHC 2562 substitution of defendant outside limitation period

Peters v East Midlands Strategic HA and others.[2008] EWHC 778 (QB) the right of a Claimant to claim full damages for future care costs.

Sundeep Singh Bhatia

Mediator Sundeep Singh Bhatia WORK HISTORY

2007- Date Proprietor of Beaumonde Law Practice

  • Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement
  • Conducting/assisting at Mediations
  • Conduct of Immigration
  • Company and Small Claims court matters

Criminal consultant to Clive Gomes Solicitors Alperton conducting trials/PCMH’s and mentions as solicitor advocate and police station attendances.

1999-2006

  • Proprietor of Brent Law Practice specialist criminal defence firm in Neasden
  • Member of Serious Fraud Panel
  • Conducted several murder cases and one of the biggest VHCC cases involving conspiracy to defraud Microsoft
  • Conduct of employment law matters including unfair dismissal, discrimination and compromise agreements

1994-1999

  • Criminal Defence solicitor and duty solicitor at Gupta & Partners
  • Head of criminal department at time of departure

1993-1994

  • Solicitor at Palmers Basildon conducting repossession work for Woolwich Building Society

1991-1992

  • Articled clerk at Penman Johnson Watford

Mediator Sundeep Singh Bhatia QUALIFICATIONS

Mediator Sundeep Singh Bhatia qualified as a mediator in 2005 though CEDR & holds the title of CEDR Accredited  Mediator 2004 Advocacy – criminal cases 1995 Duty solicitor and court duty solicitor 1992 Qualifications as solicitor of High Court 1990 Law Society finals. 1988 Bristol Polytechnic – LLB 2i2 3 A levels 9 O levels

EXTRA CURRICULAR ACTIVITIES

2006 to Date

  • Committee member Middlesex Law Society
  • Member of Solicitor Advocates Higher Courts Association

HOBBIES

Writing, Travel, Classical Jazz and Popular music, Formula One

David Daly

Mediator David Daly SPECIALISMS

Property, Commercial, Employment/Discrimination YEAR OF PROFESSIONAL ACCREDITATION: 1979
YEAR OF MEDIATOR ACCREDITATION: 2004

Mediator David Daly CAREER HISTORY

Captain in Army legal Corps 1981-2 (Germany)
Experience in Solicitor’s Office 1982 (Orpington)
Employed Barrister L. B. Bromley 1983-6
Employed Barrister L.B. Southwark 1986-93
Barrister Arden Chambers 1993-5
Barrister Tanfield Chambers 1995 and continuing.

Advising and acting as advocate in a large number of disputes concerning property, landlord and tenant, local government, planning, housing, employment and discrimination, professional negligence, wills and probate.

Mediator David Daly  MEDIATION EXPERIENCE

Total Number of Mediations so far completed as mediator (110+). Please see also Bar Council Website where I am listed as a Mediator in their top category (30 +)

I am on the panel as a Mediator for the following DCA approved organisations: CEDR Solve, Specialist Mediators, ADR Net, Lawworks, Wandsworth Mediation Services and Devon and Exeter Law Society.

My longer mediations have tended to be to do with Land or Employment e.g. boundary disputes, Leasehold Reform Act disputes, Landlord and Tenant disputes, disrepair, stress at work, work-place, contractual bonus disputes.

Some examples of mediated Disputes where I acted as Mediator: a disrepair dispute which lasted 8.5 hours, involved 4 parties and was originally valued at £200,000. An agreement was achieved.

Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings – originally valued at £5,000,000. The Leaseholders were represented by 5 individuals who had been the leading representatives of the Residents Association which had folded. They intended to reform the resident’s association and persuade the leaseholders to accept any agreement reached. Interestingly the normal position on confidentiality was varied at the start of the mediation to allow publicity to be given to any agreement. Agreement reached at £200,000 after 11.5 hours.

Claim for £200,000 for flood damage to Chemist’s shop. Settled at £103,000 after 8.5 hours-

Dispute between leaseholder and joint freeholders involving 4 parties – originally valued at £200,000. Settlement was reached on the day-3 parties (all freeholders and family members) would each pay £22,000 to 4thparty (a Leaseholder-one of the biggest property companies in London)for disrepair.

Leaseholder dispute in which a leaseholder claimed damages from the owner of the flat above, whose building works had caused the ceiling to fall in. The consequential noise and disturbance was the main subject of the dispute. Mediation settled on the day.

Commercial leaseholder claim arising out of the fact that the lease had made no provision for access to the toilets for office staff. Also included claim for disrepair. Settlement was reached on the day.

Dispute under Leasehold Reform Act regarding claim to purchase the freehold of a property worth £200,000. Settled on the day of mediation.

Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding. Mediation settled on the day.

Two neighbours had locked horns in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. Settlement was reached on the day

Dispute under the European Agency Regulations involving payment of fees to an agent by his principal. Settlement on the day of mediation.

Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity. The matter was resolved with agreement at the end of two separate mediation appointments.

Constructive dismissal and stress claim.  Settlement was reached on the day.

Trusts of Land and Family Provision dispute-estate worth £250,000. Deceased died at 42 leaving alleged partner, Mum and Dad and his two Brothers. Two Brothers denied relationship with partner existed over 2 years immediately before death. Agreed  partner should have house + £30,000 -no costs either side.

Freezing Injunction sought where allegedly negligent Solicitor had placed charge on house for unpaid fees. Freezing Injunction lifted by agreement. Company to whom charge had been sold receives £70,000 and charge removed. Mediation lasted 8 hours and occurred on the coldest and snowiest day in London for 18 years

Damages claim under Data Protection Act. Alleged by Claimant because she had been put on a list by a finance company in error as a bad credit-risk for 2 years she had lost the chance to purchase her Council house. Damages claimed at £360,000. Settled by agreement at £20,000 each side to bear their own costs.

Mediator David Daly  Court Schemes in which he has participated as a Mediator:

  • Hitchin County Court
  • Central London County Court
  • Exeter County Court
  • Guildford County Court
  • Basildon County Court
  • Uxbridge County Court.

I devised (using the DCA toolkit) and was the sole mediator for the Small Claims Mediation Scheme at Hitchin County Court dealing with commercial mediations of all sorts e.g. landlord and tenant disputes, disastrous holidays, contractual disputes, goods not fit for purpose, unpaid professional fees, building contracts etc. The Scheme finished in May 2007 with the appointment of an in-house mediator

Also a volunteer Neighbourhood Mediator with Lewisham Lamp

Personal Style and Feedback

“David has authority when dealing with procedural issues but he is not authoritarian. Parties find it easy to relax with him. He likes to work hard for agreement and does not let the grass grow under his feet.”

“I would like to personally thank you for your enthusiasm, flexibility and hard work”

“You are the “smiliest” mediator I have ever met!”

“I would characterise the mediator’s style as relaxed, informal, sensible and encouraging”

“He was very approachable, used plain language for litigant in person and gave helpful time warnings”

Training:

July 2002 – Mediation Course provided by the General Council of the Bar (1 day)
August 2004 – CEDR Accredited Commercial Mediator
April 2006 – CEDR Registered Commercial Mediator (Registered status no longer exists)
July 2007 – ADR Group Commercial Mediator

I have a special interest in time limited mediation and have appeared on a panel during a training event provided by Lawworks answering questions on small claims mediation alongside James Rustidge of Manchester County Court. My CPD Mediator Training is currently fully up to date

Mediator David Daly Memberships

Housing Law Practitioners Association
Employment Law Bar Association
Planning and Environment Bar Association
Administrative Law Bar Association
Civil Mediation Council
Mediation panel member of Effective Dispute Solutions Limited

Grant Goodlad

Qualifications

LLB: 1978
Solicitor: 1981
MCIArb: 2004
Called to the Bar: 2006

Education

Northampton Grammar School: 1968-1975
LLB Birmingham University: 1975-1978
College of Law, Guildford: 1978-1979
Bar Aptitude Test: 2006

Career

Solicitor, Dennis Faulkner & Alsop: 1981-1982
Partner, Dennis Faulkner & Alsop: 1983-2006
Barrister, Farrar’s Building: 2007 to date

Mediation

CEDR Accredited: 1996
CIArb Panel: 2005 to date
Member AMM: 2001 to date
Intermediation Panel: 2001 to date
Mediation panel member of Effective Dispute Solutions Limited 2010 to date

Grant’s background involves both commercial and contentious aspects of the law. His experience includes the handling of high volume personal injury claims and professional negligence claims for insurance companies, as well as non-contentious work including company sales.

More recently Grant has concentrated on contentious commercial and professional issues primarily personal injury and employment matters. He acts as an advocate in the Civil Courts and Employment Tribunals.

Grant has successfully mediated disputes in a wide range of fields including Construction, Commercial Contracts, Corporate Sale, Landlord and Tenant, Employment, Personal Injury, Professional Negligence, Malicious Prosecution and Wrongful Arrest, Franchise, Insurance, Travel and Housing. He has CEDR specialist training in Clinical Negligence and Personal Injury.

Grant also trains mediators and has assisted CEDR’s training faculty. He is currently a member of coaching faculty on the Chartered Institute of Arbitrators mediator training course to which he has contributed a paper on law for mediators.

Carolyn Graham

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

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

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

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

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

Mediation Experience

Carolyn has experience in the following sectors:

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

Case Summaries – by sector/dispute type

Banking/Corporate Finance/Business-to-Business

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

Charities

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

Commercial Contract

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

Community

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

Education

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

Employment/Workplace

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

Housing, Landlord/Tenant

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

Media, Sports & Entertainment

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

Partnership

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

Public Sector

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

Wills/Probate

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

Personal Style and Feedback

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

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

Comments include:

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

“the mediator was brilliant” client

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

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

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

“Built rapport very well” client

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

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

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

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

Professional Background

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

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

Other Dispute Resolution Experience

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

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

Organisations worked with include:

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

Skills and Interests

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

Dr Frances Gillian Green

CAREER HISTORY

Sept 2008 to date

  • Self-employed consultant; workplace investigations, mediation and dispute management
  • Member of BBSRC Council Committee on Research Institute Planning
  • Trustee: Hestia Housing and Support (from April 2009)

October 2005-Sept 2008

Medical Research Council. Director of HR, responsible for all employment policies and practices, Health, Safety & Security, employee assistance and pension matters. Responsible for design and delivery of People Strategy to support organisation’s overall business goals for 3,500 employees in UK and overseas. Successfully implemented SAP HR and Shared Service Centre-based delivery model. External consultancies on HR strategy, policy and practice. Successful Employment Tribunal defences of employer actions.

Sept 2001-October 2005

Medical Research Council. Head of Human Resource Management; reporting to the Director of HR, key responsibilities included: remuneration and grading, casework leadership, career structure design, HR support for corporate change, partnership working with 5 trade unions, training strategies and leadership development, HR data and corporate information,  diversity issues, TUPE, IIP etc.  Directly responsible for 21 employees and for setting/evaluating competency standards for field-based HR staff.  External advisory roles to Bio-technology orgs, UK Biobank, etc.

May 1999-Sept 2001

Technology Transfer and Contracts Manager, National Institute for Medical Research, Mill Hill.  Responsible for identifying intellectual property arising from research and partnering with key specialists to ensure development via appropriately negotiated commercial  routes.

Developed and implemented a training programme for newly appointed academic researchers designed to assist identification and capture of IPR.

Additional part-time HR consultant role with MRC Technology, establishing new terms and conditions of employment for technology transfer company; pay modelling/pay awards/annual settlements and general advice on HR matters.

June 1996-May 1999

Medical Research Council. Responsible for establishing and running Pay Unit (remuneration strategy and annual negotiations), also employment relations, policy design (e.g. scientific misconduct, other casework, staff performance, etc) and equal opportunities.

January 1994-June 1996

Medical Research Council. Responsible for employment relations and human resources policy implementation and evaluation.

April 1989-December 1993

HR Manager, National Institute for Medical Research, Mill Hill.  Responsible for provision of a comprehensive personnel service for 800 staff including local schools liaisons plus responsibility for adjacent (commercially-run) Technology Transfer Centre.

Sept 1985-April 1989

Medical Research Council. Scientific Research Board Manager.  Responsible for co-ordination of a range of scientific sub-committees, application of research ethics guidelines etc. Formal contact point for MRC project and programme grant-holders and Unit Directors in specific research fields.

June 1984-September 1985

The Covent Garden Medical Centre – NHS General Practice Administrator

PARALLEL/PREVIOUS EMPLOYMENT

August 1993-August 2002

Birkbeck College, University of London. Part-time teaching fellow appointments. Teaching Introduction to Organisational Behaviour/Psychology modules at undergraduate/MSC level; learning and development, employment relations (authorship of \’negotiating skills\’ workshop) and vocational psychology modules at MSc level.

May 1995-November 1996

Part-time secondment to an independent scientific research company to advise them on design and negotiation of a commercially appropriate pay and grading system, employment relations approaches etc.

PROFESSIONAL MEMBERSHIP/ACCREDITATIONS

  • Fellow of the Chartered Institute of Personnel and Development CIPD: Member, Hertfordshire Branch
  • OPP – Myers Briggs Type Inventory (MBTI)
  • Strengths Deployment Inventory (SDI)
  • CEDR-accredited mediator, and member of CEDR Network
  • Member: Devonshire House Group

INTERESTS

  • Amateur Dramatics – Assistant Stage Manager for Welwyn Thalians
  • Early Modern/Reformation/ English village social history – member of the British Folklore Society
  • Creative Writing/reading and writing poetry – member of the Historical Novel Society, National Poetry Society and Second Light Poetry Association

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

Joe Al Khayat

Mediator Joe Al Khayat,  Joe is a barrister at 30 Park Place, Cardiff, who has worked on a wide range of commercial, contract, employment, personal injury and insolvency-related disputes.

His experience in acting for parties involved in litigation has reinforced Joe’s belief in the value of achieving settlement prior to trial, and bolstered his belief in the process of mediation.

Joe was called to the Bar in 2008 by the Honourable Society of the Inner Temple, having achieved a grade of Outstanding in both Advocacy and Alternative Dispute Resolution. After successfully completing pupillage at 30 Park Place in the areas of Crime and Civil, Joe began tenancy in September 2010, accepting instructions in particular in company, commercial, contract, employment, insolvency and personal injury law. Joe qualified as an accredited Mediator in September 2008.

Prior to joining 30 Park Place, Joe worked as a litigator in two top commercial law firms in Cardiff where he advised and represented clients in commercial litigation and employment matters.