Comments from parties and their lawyers
“He is one of the better mediators I have worked with. He has a very commercial and realistic approach.”
“Under that ‘pally’ friendly exterior, he was steely and very shrewd. He stuck with this mediation which went on literally for 24 hours.”
“Would happily use him again – he had a good legal knowledge despite not being a lawyer and [my clients] were impressed with his commercial attitude and complete grasp of the issues.”
“At a number of points [my clients] were close to walking out. Terry encouraged them to stick at it and they are glad that he did.”
“He was very flexible in the way that he worked. He was excellent at facilitating discussion in a final joint session and final agreement”
Mediation Accreditation
Accredited by the Centre for Effective Dispute Resolution 1997
A CEDR-Solve Registered mediator since 2000
A regular member of the CEDR-Solve Training Faculty
Member of Solent Mediation Group
Has appropriate professional indemnity liability insurance cover.
Professional Background
Terry spent 35 years as a banker. After early experience at Midland Bank and qualifying as an ACIB, he joined the USA Chemical bank in 1972 and thereafter focused on corporate banking. In 1982 was headhunted by Barclays where he ran a number businesses including being director responsible for all corporate business in continental Europe. In 1992, he was made the first Group Corporate Affairs director for Barclays group, reporting directly to the Chairman and Chief executive. In this role, Terry became involved with CEDR and mediation as a means of settling bank/customer disputes. Terry took early retirement from Barclays in 1998.
Mediation background
At Barclays Terry used mediation and ADR techniques to resolve over 80 serious customer disputes. His corporate affairs department also handled relationships with a number of lobby groups. He became a CEDR accredited mediator in 1997. In June 2000 he joined CEDR as a full time director focussing primarily on development of ADR in the corporate sector. He designed and ran a number of the CEDR-Solve mediation schemes including overseeing the ground braking mediation scheme in a regulatory context for the Financial Services Authority. Over 20% of his mediations have involved parties from outside the UK. Terry stopped full-time work with CEDR at the end of 2005 when he reached 60, but remains a very active Registered Mediator and trainer for CEDR.
Terry has acted as a neutral facilitator in a number of situations and has trained mediation in several countries. He is also a member of the Solent Mediation Group Limited, a small group of highly experienced commercial mediators working in Hampshire and registered as a provider under the National Mediation Helpline scheme.
Mediation style
Terry’s personal style relaxes participants and he has the ability to relate to a wide spectrum of parties and their advisors. Lawyers concerned about his non-legal background consistently feedback that Terry has a good grasp and understanding of the law. Terry himself believes that almost every mediation needs a mix of focus on the legal, commercial and personal factors and that a solution is usually a blend of all three.
His commercial background gives him risk assessment skills and an understanding of the corporate world that adds dimension to the legal arguments in many disputes. Repeatedly, feedback suggests that he helps parties achieve realistic settlements.
Terry uses the mediation process flexibly believing that you need to tailor each mediation to its circumstances rather than being formulaic with the process.
Mediation experience
Terry has successfully mediated a large number of disputes. His experience includes multi-party, cross-border, time-limited and court ordered mediation. Examples include:
Shareholder/agency and partnership
Breakdown in partnership between advisor and developer of large retail park
Class action by 1,000+ time-share owners for maladministration by property management company in Spain also involving a UK bank as a Part 20 claimant.
Number of mediations involving irreconcilable breakdown of business partners including a travel agency, a large architects practice and a claim for enforcement of option to purchase shares by one director in a medium sized business with counterclaim for alleged financial misconduct by the only other director
Claim by former owners for ‘earn out’ for three years after selling their successful UK company to an overseas multinational
Claim for compensation after withdrawal of UK sales agency by USA company and claim for underpaid commission
Investment and Fund Management
Claim by pension funds trustees of major PLC against fund managers for losses arising after allegedly acting outside pre-agreed risk parameters
Claim by individuals against fund management arm of major bank for losses after investment outside indicated risk parameters
Claim for compensation regarding ‘wasted’ intellectual property rights after one party withdrew from IT related investment allowing competitors to catch up.
Commercial
Dispute over intellectual property rights and geographical territory covered in £90m+ distribution agreement
Claim by a major aid agency following non delivery of food aid by shipping company
Claim by large professional firm against a storage company that asserted it had a lien over documents in storage following withdrawal of contract
Claim over non-payment for television advertising material considered unsuitable
Public Sector
Claim for payment for services provided by a commercial company which central government had imposed to run the education services of a London Borough.
Claim for compensation against HM Customs following wrongful arrest and long-term confiscation of a lorry
Employment/Disciplinary
Settlement of Employment Tribunal and High Court cases pending regarding claims for wrongful dismissal, racial prejudice, and misapplication of long-term sickness benefit
Compensation claim against a former employee for negligence which led to losses in a stock broking business
Claim against two former employees for setting up a competing business contra to their contract of employment and alleged client poaching
Cases of claims for bonuses or commissions following dismissal/redundancy
Banking and other Financial Services
Numerous cases involving individuals and small businesses against high street banks, many involving counterclaims for debt recovery.
Restructuring of debt agreement following non-repayment to a major bank of project-based debt incurred by a Middle East construction company for resort in East Africa
Claim for alleged failure to complete purchase of distressed third world debt with a counterclaim for faulty documentation involving two major banks and insurer.
Claims and counterclaims regarding terms of stock lending and options written between two major banks
Claim against major bank that it failed to follow procedures and thus helped facilitate serious fraud against a vulnerable person who was under the protection of the Public Trustee
Examples of other cases
Professional negligence claim against his barrister by an admitted hunt saboteur who had been erroneously arrested and imprisoned.
Dispute that had held up the winding up the estate of a deceased mother for ten years. Daughter of deceased alleged that her brother had siphoned funds from mentally ill mother while acting as trustee. Court recommended mediation.
Landlord and tenant dispute regarding compensation due for repairs undertaken and for early cancellation of lease.
Personal
Born 1945. Married for 30 years with two grown up children. Interests include archaeology, bird watching and walking.
