Civil Mediation

Having qualified practised first as a Barrister and then as a Solicitor, I have wide experience of civil disputes in and out of court.

As a mediator I am privileged to have helped resolve a wide range of difficult expensive problems.

How Mediation Works

I have mediated personal injury claims, professional negligence cases, matters between landlord and tenant, contested wills and intestacies, partnerships, commercial business sales, even intellectual property disputes.

Sometimes with solicitors and QC’s; other times just 2 individuals with no representation apart from friends or spouses. Every time is different, BUT every time the same very simple process -

  • Confidential mediation agreement
  • Send a position statement and supporting papers to the mediator
  • Come along to the mediation meeting, and explain your point of view
  • The mediator has a series of private, confidential meetings, separately with each side
  • Negotiations start to develop, achieve momentum, and a deal is outlined
  • Draw up and sign a binding, final, enforceable settlement contract

My Approach

  • Seek to understand every point of view in the room
  • Get to know all the facts; as far as possible.
  • Ensure everyone gets heard
  • Ensure each party understands its own needs and interests
  • Move the argument from positions to interests
  • Explore the best and worst alternatives to settling
  • Be creative, think laterally.

Case Studies

Dilapidations claim on licensed premises, featuring 4 warring experts, extensive technical arguments, and deadlocked negotiation. Online (Zoom) Mediation was tried as last resort to court action and settled to both parties’ satisfaction.

Commercial property dispute – contentious £3,000,000 valuation of the acquisition fee for residential redevelopment of farmland, complex legal challenges to interpretation and validity of Option Agreement, and conflicting expert evidence.

Intestacy dispute between a second wife (the widow) and children of the previous marriage; the parties could not and would not meet each other, but eventually were helped to find a compromise and resolution, despite very deeply held emotions.

Inheritance dispute over contested will between six brothers and sisters in a farming family where again the parties felt so strongly that they would not meet in a common session, and freely accused each other of fraud.  Successful agreement concluded after a very long session.

Long-running, and bitter professional negligence claim between a businessman and his commercial property solicitor.  The Claimant was a litigant in person who became very frustrated and repeatedly threatened violence.  Settlement and closure was eventually achieved after numerous walk-outs.

Solicitors' partnership dispute where the former partners were unable to speak to each other or even be in the same room, resolved after a close and objective examination of the partners' partnership accounts.

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His advice is always practical and very easy to understand, including the risk surrounding possible decisions. Rob has the skill and personality to explain the most complicated legal point in simple terms.

David Padfield, Director, Jersey Electricity plc.

Rob's deep knowledge of the law and ability to think laterally and creatively made a big difference to our dispute. He puts a lot of energy into the process and kept us going and pushed through to a successful conclusion even when we were sceptical about making any further progress.

Civil Mediation Client

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