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In addition to her role as an insurance litigator at Clyde & Co LLP, the ‘calm, authoritative and practical’ Jane Andrewartha manages to fit in around 100 mediations a year. The fact that she juggles both and continues to be considered ‘the best mediator by far’ indicates that she is by no means overstretched. Clients praise her ability to ‘make both sides feel that she is on their side: an indispensible attribute for mediations’. In addition, ‘she brings a very common-sense approach to mediation, whether the client is a multimillion-pound company or a private individual’.

David Cornes (Independent) enjoys an ‘excellent’ reputation, backed up by a long career in mediation. He has mediated over 900 disputes, including 63 in 2011, of which around 70% were construction and professional negligence related. He has an ‘impressive grasp of technical construction issues and an ability to get to the points in contention very quickly’, and is also noted for his ‘amiable personality and superb people skills’. He ‘prepares well, treats both parties with respect, and commands authority’.

The ‘excellent’ Charles Dodson of Independent Mediators has established himself as one of the leading names in mediation, where he regularly mediates major professional negligence, insurance, partnership and commercial disputes. A former litigator and managing partner of Lovells, he is a popular choice for high-value disputes.

Phillip Howell-Richardson of Independent Mediators has over 25 years’ experience as a mediator, and became full time in 2005 after a long stint as head of litigation at Morgan Cole. With an active practice, he handled 62 mediations in 2011, spanning general contract, banking, fraud, insurance, professional negligence and intellectual property disputes.

The ‘exceptional’ Mark Jackson-Stops of In Place of Strife is ‘a truly outstanding mediator’, and ‘very definitely one of the best around’. ‘Charm personified’, he has a ‘laidback style’ that ‘operates to cajole the parties towards settlement in a non-aggressive, cooperative way’. Clients also note his ‘background as a surveyor, which gives him an additional breadth of vision’. He has conducted over 1,000 cases, including 75 in 2011.

The ‘very effective’ and ‘very able’ Michel Kallipetis QC of Independent Mediators is among the best-known and most active mediators in the market. He conducted 107 mediations in 2011 across the full range of areas, including partnership, banking and insurance disputes. He has a particularly strong track record on employment disputes, from racial and sexual discrimination claims to pensions matters.

Jon Lang of In Place of Strife is a ‘first-choice mediator’, with ‘an excellent blend of experience, determination and charisma’. He carried out over 60 mediations in 2011, and has ‘excellent technical knowledge on technical and legal IT matters’, which accounts for nearly 50% of his practice. Overall, ‘he is not one to allow parties to box themselves in’, and he ‘prepares thoroughly for all mediations, having a clear and incisive grasp of the issues and facts’.

The ‘always excellent’ Mark Lomas QC of Independent Mediators ‘goes above and beyond the call of duty’, and is ‘formidable in the most positive way’. A ‘mediator of choice for complex mediations, he never fails to get a grip on the issues in question, and helps achieve the deal if at all possible’. His career includes over 500 mediations, ranging from £100,000 to £100m in value, and in 2011 he was instructed in 105 cases.

Bill Marsh of Independent Mediators is considered ‘one of the best’ in the market, and his practice has a very strong international dimension. He has been involved in full-time mediation since 1991, and the high value and complexity of some of the disputes he is asked to mediate is reflective of his reputation in the market.

With an ‘informal, proactive and engaging’ style, the ‘highly effective’ Andrew Paton at Pinsent Masons LLP undertook 66 mediations in 2011, and his experience as a solicitor means he is a popular choice for construction, property and professional negligence disputes, as well as wider commercial matters. He is no stranger to complex disputes, and clients praise his ability to handle multiple parties. He is also commended for his ‘impressive and critical behind-the-scenes follow-ups with the parties’, and ‘good handle on the dynamics’.

The highly rated Nicholas Pryor of Independent Mediators is praised for his willingness to go ‘above and beyond what is required’. His strong background as a commercial litigator has made him a regular choice for larger, multimillion-pound disputes. He has recently been active in major insolvency, defamation and insurance disputes, as well as in cases relating to the property, telecoms and energy industries.

The hugely experienced Stephen Ruttle QC at Brick Court Chambers has been a full-time commercial mediator since 2002, and during his career has been involved in over 650 mediations. Shipping-related mediations account for about a third of his practice, thanks in part to his background as a reinsurance and shipping barrister. He also mediates construction, professional negligence, banking and wider commercial disputes.

‘A magnificent mediator and certainly the best in the North West’, the ‘top-class’ Quentin Smith (Independent) has mediated over 500 disputes, and is noted for his expertise in personal injury. ‘He never loses sight of the end goal, and will continue to strive to achieve a successful outcome even when it may appear a lost cause’; he brings ‘an incredible amount of energy and enthusiasm to mediations’.

Based in Edinburgh, the highly rated John Sturrock QC of Core Solutions Group Limited should be first choice for any mediation centred in Scotland. His excellent reputation has also helped carry his practice far south of the border, where he is regularly chosen to mediate a wide variety of high-value disputes.

After a long career in the market, including a period as head of litigation and managing partner at Clifford Chance, Tony Willis at Brick Court Chambers is ‘still an éminence grise in this area’. The gravitas that he brings to mediations is much sought after and commented upon by clients and peers alike, and is reflected in the high-value, complex and often international nature of the disputes he is instructed to mediate.

Few dispute the top-tier position that William Wood QC at Brick Court Chambers holds within the market. As a mediator he is typically instructed, both at home and abroad, on major commercial disputes, particularly in the insurance and financial services arena. Recent examples include a post-Lehman derivatives-related claim for $3.6bn. He also regularly mediates employment, professional negligence, intellectual property and planning disputes.

The ‘fair and thorough’ Tony Allen of CEDR Solve is particularly recommended for his top-notch track record in personal injury and clinical negligence mediations. He is ‘easy to engage with’, and ensures that ‘lines of communication are kept open even in the face of what seem irreconcilable differences’.

The ‘absolutely top-notch’ Philip Bartle QC at Littleton Chambers ‘goes from strength to strength’, and has a strong focus on professional negligence and employment disputes, to which he brings a ‘subtle, hands-off approach which is disarming and effective’. ‘He retains a great deal of authority and gravitas’, and ‘brings a very constructive mindset to mediations, which creates a very positive and engaged atmosphere’.

The ‘very hands-on’ Amanda Bucklow of In Place of Strife is praised for her ‘commercial awareness and approach’, and does ‘a very good job at bringing the parties towards a resolution’. Having mediated over 700 disputes in her 15-year career, she brings a huge amount of experience to the table. She is particularly noted for her expertise in transport and other regulated industries such as telecoms.

Clients ‘would not hesitate to recommend’ the ‘extremely experienced’ and ‘exceptional’ Eileen Carroll at CEDR Solve, who spent some 150 days mediating in 2011, and has mediated over 1,000 disputes in her 20-year career. She ‘actively engages with the parties to reach a mutually satisfactory conclusion’.

The ‘simply brilliant’ Andrew Fraley (Independent) is ‘a master of getting straight to business and focusing steadfastly on the end result of getting quickly to a settlement everyone can live with’. His ‘unique’ and ‘pleasantly confrontational, almost impatient style drives early progress and allows little opportunity for the usual delays and distractions’. ‘His focus is on settlement and number crunching rather than getting tied up in the law’, and most see this as a very good thing.

Elizabeth Jones QC at Serle Court has a broad and varied mediation practice, which she manages to coordinate with her career as a barrister. She has recently mediated several shareholder disputes, as well as partnership and trust claims.

Lawrence Kershen QC of In Place of Strife enjoys a very strong reputation, and ‘really knows his stuff’. His mediations have recently covered a wide range of areas, including a defamation claim involving an FA Premier League football club and a national newspaper; and IP, finance and personal injury cases.

A former chairman of Blake Lapthorn, the ‘extremely professional’ Jonathan Lloyd-Jones has now moved into mediation full time with Independent Mediators. He remains a very popular choice, and ‘goes the extra mile on behalf of both sides of the claim to ensure settlement. Even if settlement is not achieved on the actual mediation day, he pursues the matter’. He is also praised for his ‘engaging style, which allows the parties to open up’.

The ‘effective’ Karl Mackie CBE of CEDR Solve has served as the body’s chief executive since 1990, and is one of the leading lights within the mediation community. In over 20 years as an accredited mediator he has handled over 1,000 cases. ‘He does not take the formal, quasi-legal approach of the very busy commercial mediators, but deals informally and gains the respect of the parties quickly’.

For employment disputes, the ‘superb’ Frances Maynard of CEDR Solve is widely considered to be the ‘top mediator’. ‘She has an excellent way with demanding clients’, and is ‘very calm and clear’. She also has ‘a perfect understanding of the psychology and motivations of clients undergoing mediation, which she utilises to achieve a very successful outcome’. ‘Her approach is particularly effective in cases where emotions can run high’.

Charles Middleton-Smith at Squire Sanders LLP has built up a very good practice. While he may not be as busy as some, averaging two or three mediations a month, clients with a good frame of reference say he is ‘quite simply, as good as the best of them’. ‘He is clearly experienced across a whole range of areas, and brings just the right amount of weight and persuasiveness to the mediation’.

Christopher Newmark of CEDR Solve has a broad practice and is particularly noted for large, complex mediations in the IT and telecoms sector. Clients praise his ‘great ability to communicate hard messages in a calm, measured and personable way’. He also shows ‘immense tact, skill and humanity in steering emotional and difficult negotiations to successful conclusions’.

David Richbell of In Place of Strife stands out as one of the few non-lawyer mediators to challenge the upper echelons of the market. He currently conducts around 40 mediations a year, many in the construction sector, and he succeeds in achieving a settlement rate over 90%. ‘He somehow manages to achieve this without leaving anybody feeling they have been pressurised or talked down to’.

The ‘absolutely excellent’ Beverly-Ann Rogers at Serle Court is ‘a real star’ who ‘will always use every tool at her disposal before she gives up on a mediation’. She has been a full-time mediator for three years, and is seen by many as a yardstick against which others are compared. Recent mediations include major investment and property disputes, and professional negligence claims.

Colin Russ (Independent) has developed a very loyal following that includes numerous major law firms, who credit him as being ‘excellent with all types of clients ranging from private individuals to managing directors of large corporations’. With a broad-based practice, he took on over 90 mediations in 2011, and saw an increase in professional negligence disputes. He has a ‘perfect blend of gravitas, commercial nous, charm and diplomacy’, and is ‘comfortable dealing with the most complex disputes’.

Stephen Shaw at Lamb Chambers attracts very high praise, and is particularly recommended for complex property and commercial mediations. He is ‘particularly good at quelling the more emotive aspects’ of claims, and particularly impresses with his ‘perseverance and ability to deal with volatile personalities’.

Clients are ‘always impressed’ with the ‘measured, professional and firm’ Patrick Walker at Squire Sanders LLP. He ‘demonstrates very quickly that he is to grips with all of the issues’, and has ‘the gravitas and the right bedside manner with some emotional and fraught clients’. He is also noted for ‘his laidback but confident approach, and willingness to ask questions that others may shy away from’.

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Legal Developments in London for Mediators

  • Supreme Court provides guidance 
on forum conveniens and piercing the corporate veil


    Macfarlanes LLP currently authors the Litigation & Dispute Resolution section of The In-House Lawyer magazine. For more information and articles from this author click here . This article considers the Supreme Court decision in VTB Capital plc v Nutritek International Corp & or s [2013]. Perhaps the most striking aspect of the case is that it casts doubt on the notion that the Court has the power to pierce the corporate veil. The Supreme Court also held that, even if the power to pierce the corporate veil does exist, it does not enable a claimant to hold parties that control a company jointly and severally liable under contracts entered into by that company. 

    - Macfarlanes

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