First became involved in ADR when the resident partner in Lovell White Durrant’s New York office in the mid eighties. This led to being involved in setting up CEDR in 1990 and becoming one of its original directors.
Accredited as a CEDR mediator in 1996. Acted on a large number of matters ranging from multi-million pound international disputes to Central London County Court cases, including multi-party and post-trial matters. Examples of cases mediated are attached.
Mediation style
Approach to mediation is facilitative rather than evaluative but will resort to strenuous reality testing where feels it is appropriate and necessary. Believes that building and maintaining momentum in a mediation is important but that time invested in building rapport with the parties, particularly the lead negotiators, is still crucial.
Comments relating to performance as a mediator include:
“relaxed yet professional style created the atmosphere for a settlement in a volatile dispute”
“very thorough in seeing the whole process through to a conclusion”
“on the ball” “authoritative”
Parties have also commented on “energy and commitment” and “ability to close the deal”.
Professional background
Between 1981 and 1998 a partner in the leading UK based international law firm, Lovell White Durrant, now Lovells. Resident partner of the New York office between 1985 and 1988, and joint Managing Partner of the firm between 1991 and 1995.
Acted on a broad range of commercial cases including professional negligence corporate takeovers, insurance and reinsurance, tort and contract, and international asset tracing.
Other dispute resolution experience
Closely involved in training mediators and lawyers as a member of CEDR’s training faculties since 1996.
Author of many articles on ADR and speaker at conferences, including:
“Mediation: A commercial approach to dispute resolution” PLC Vol.X No.9 October 1999
“Mediation – Recognising its Potential for Streamlining Dispute Resolution” Jersey Law Review June 2003
“Mediators on Mediation” – contributor to Butterworth’s book 2005
Listed as a “Leading Individual” in Chambers Guide to the Legal Profession and the Legal 500 since 1997/8.
A lead member on a DFID-funded project to develop a pilot tribunal and conciliation system in Russia. Advisor to Jersey judiciary on incorporating mediation into the Jersey legal system.
Other
Educated at Wellington College and Pembroke College, Oxford (MA Jurisprudence)
INSEAD Advanced Management Programme 1991
Examples of cases mediated
Professional negligence
Financial services - £20 million claim arising out of pension mis-selling
Chartered surveyors - leading firm of chartered surveyors re property valuation
Solicitors - failure to report on restrictive covenant in title deeds (£250,000 claim)
Accountants - Profit Related Pay schemes (incl post-trial)
Accountant and solicitors - property loans (Guernsey)
Pensions – actuaries/pension consultants on merger of company schemes
Insurance broker – residual value insurance claim for c. £5m.
Insurance
£25 million claim by pension fund trustees on E&O policy
Business interruption (US supplier/Swedish insured) $200m claim in London r/i market
Claim against brokers and insurers for £1.5m on fire insurance policy
Over US$150m claim on US property damage r/i cover in London market
Permanent health insurance claim by City professional (£1.2m)
Korean company claiming £3.4m on export credit guarantee policy with Swiss insurer
Partnership and company board
Retirement provisions in the partnership deed of a 35 partner professional firm
Partner dismissal in a law firm
Minority interests in an architectural firm
Dissolution of veterinary practice
Venture capital company board dispute
Commercial contract
Sale or return - claim against store chain re electronic computer games
Joint venture - property joint venture collapse
Breach of warranties - on sale of a travel agency (claim for £2.7m)
Agency - breach of restrictive covenants in contract between German multi-national and UK agent
Distributorship - termination of sole distributor contract – German company, US distributor
Computer lease - financing claim for £1.3m
IT - consultancy agreement - claim against leading firm of estate agents
IT – software development of financial markets system for merchant bank
IT – supermarket chain & IT supplier re EPOS system (£10m)
Telecoms – mobile phone components
Government department - dispute with outsource contractor
Commercial loan – recoverability of £4m+ loan
Employment – directors’ breach of notice period and confidential information clause
Pensions
Recovery of overpaid fund surplus of £1.1m (five parties)
Trustees, solicitors and actuaries being sued in relation to pension fund underfunding (six parties/co-mediation)
Statutory trustees claim against investment advisors
(see also “Professional Negligence” above)
Franchise
US food chain franchiser, Japanese franchisee
UK sign franchisor, Irish franchisee
US food franchisor, Thai franchisee
Many of the cases mediated have involved parties from different countries including UK, USA, France, South Korea, Netherlands, Japan, Thailand, Ireland, Israel, Iraq, Germany, Poland, Sweden
