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Mediators

The ‘outstandingJane Andrewartha is a top-flight disputes partner at Clyde & Co LLP who splits her time between her contentious insurance practice and mediation, where she has an absolutely first-class reputation. On top of her experience in insurance and reinsurance, her expertise as a mediator extends across the full range of sectors and disciplines, including banking and finance, commercial, aviation, commodities, employment and construction,.

An ‘excellent operator’ who can ‘charm even the hardest litigant into reaching a settlement’, David Cornes (Independent) enjoys a superb reputation, particularly for construction-related matters, where ‘as both an engineer and a lawyer he offers a rare insight into the matters he mediates’. Praised for his ‘quietly effective and efficient’ approach, he is ‘quickly able to create a rapport’ with clients, ‘and to gain their trust, all of this using a light touch and good humour’. Solicitors praise him as ‘excellent in terms of preparation work, general understanding and knowledge of the facts and figures, which, combined with his calm, friendly and forthright persuasive manner, very often results in amicable settlement’.

The ‘forthright and energeticCharles Dodson of Independent Mediators is considered ‘an excellent mediator’ who ‘is reluctant to let any negotiation fail, and ensures that parties keep engaged with the mediation process’. A former litigation partner and managing partner at Lovells, Dodson’s recent mediation expertise includes a fraud and international asset tracing case for an overseas investment banking group, as well as disputes in the insurance and energy sectors. His mediations in the past year have ranged in value from £60,000 to £300m.

Phillip Howell-Richardson of Independent Mediators has an excellent track record in mediations, particularly those with an international dimension. A former commercial litigator, he has 20 years of experience acting as a mediator, and has been full time since 2005. He covers the full range of sectors, and is regularly involved in major, multi-party disputes. He is also a consultant at SJ Berwin LLP, where he heads the firm’s alternative dispute resolution unit.

Mark Jackson-Stops, founder of In Place of Strife, is highly recommended, and for many ‘a starting point when looking to appoint or recommend a mediator’. As one satisfied client reports: ‘Without exception, he has quickly got to grips with the issues and gained the trust and respect of all the parties to the dispute, enabling him to calmly but forcefully challenge their often entrenched views and to achieve settlement on terms which each party can live with, but which often exceed their expectations at the start of a mediation’. He is also praised for ‘always following up with the parties, to ensure that where settlement is possible, it is achieved’.

The ‘absolutely top-notchMichel Kallipetis QC of Independent Mediators is one of the best-known and most active mediators in the UK. In the past year he has mediated on disputes worth between £25,000 and £500m, covering the full range of areas. He ‘gets to the nub of the dispute immediately, so that, even if you don ’t settle, you know you will have made good progress on the key issues by the end of the day’.

The ‘highly effective’, ‘excellent, hardworking and intelligentJon Lang of In Place of Strife climbs a tier on the back of some very good feedback from clients, who praise him as ‘not afraid to engage and challenge views or strategies in a constructive manner’, and ‘always working extremely hard to exhaust every avenue to reach an agreement’. ‘His patience and good humour can enable even the most intractable disputes to be resolved, and he goes the extra mile in pursuing settlement.’ While he covers all manner of mediations, clients note that his background as an IP partner at White & Case LLP makes him a very good choice for IP mediations.

A firm favourite and regular ‘first choice’ for instructing solicitors, Mark Lomas QC of Independent Mediators boasts an excellent track record, having conducted well over 300 mediations since he became an accredited mediator 2001. Clients single him out for his willingness to ‘work extremely hard during the mediation to get to the crux of the claim and the nub of the issues’. He is also considered ‘extremely effective in the way that he not only discusses legal issues and highlights the risks, but also considers all practical issues’.

Seen as something of a mediation pioneer, Bill Marsh of Independent Mediators is widely considered to be one of the most accomplished ‘top-rank’ mediators in the market. Since going into full-time mediation in 1991, Marsh has been involved in a number of mediations that have been in the public domain, including the dispute between Dame Shirley Porter and Westminster City Council, and also the disputed takeover of Brighton & Hove Albion FC. As well as domestic mediations he is also involved in numerous major international cases, including a recent £1bn transatlantic pharmaceuticals dispute.

Andrew Paton divides his time between mediation and his role as partner in charge of risk management and professional indemnity at Pinsent Masons LLP. While he might not be as active as some of the mediators on this list, he has established a ‘top-tier’ reputation among clients, and was involved in 52 mediations in 2010. He mediates on all manner of commercial disputes, and has been heavily involved in professional negligence, insurance and construction matters.

Nicholas Pryor is another leading name at Independent Mediators, and comes highly recommended by clients, who praise him for his intelligent and courteous approach. A hugely experienced mediator, he has been conducting mediations since 1986 and his cases over the past year have ranged in value from £25,000 to £300m.

Considered by clients to be ‘very good indeed’, Stephen Ruttle QC forms an integral part of Brick Court Chambers’ highly rated mediation service, and undertook 55 mediations in the last year. On top of his commitments in the UK, Ruttle also regularly conducts mediations in Hong Kong, Athens and the US. 40% of his workload comes from the shipping and banking sectors, with the rest spread across a broad array of commercial disputes.

A former disputes partner at Addleshaw Goddard LLP, Quentin Smith (Independent) has built up a very strong following in the market. He is noted for his impeccable professional expertise and thorough preparation, which helps him win the trust of the disputing parties. As a full-time mediator, he has mediated over 450 disputes, and has maintained a very impressive settlement rate.

Based in Edinburgh, John Sturrock QC, the CEO of Core Solutions Group Limited, is without peer when it comes to Scotland-based mediations, and is also one of the very best for London, UK-wide and international disputes. He mediates on a broad range of disputes, including agriculture, energy, real estate and IP matters, and is highly recommended.

The god of everyone’, according to peers, clients also rate Tony Willis of Brick Court Chambers extremely highly, and take comfort in the fact that he is always ‘his usual accomplished self’. Others note the much-appreciated ‘gravitas’ he is able to bring to heavyweight, multi-party, multibillion-dollar proceedings; his previous experience as head of litigation and managing partner of Clifford Chance certainly helps him command respect.

The ‘excellentWilliam Wood QC of Brick Court Chambers wins huge respect for being ‘blunt and to the point’ and for possessing a ‘very good, easy’ and ‘no-nonsense style’. In addition, ‘he keeps the mediation process moving forward, and always has a mastery of the relevant facts and issues’. Wood handles the full range of matters, and has recently been involved in a multibillion-dollar mediation relating to derivative investments.

The ‘excellentTony Allen of CEDR Solve is a ‘real smooth operator’, and a regular first choice for personal injury and clinical negligence mediations. Clients pay tribute to his ‘perseverance and common sense’, which often ensure that that parties reach acceptable compromises in tough negotiations. ‘He is always switched on, and knows the facts and the issues surrounding the case very well.

Philip Bartle QC of Littleton Chambers has a very strong track record in professional negligence disputes, and his experience extends to broader commercial, insurance, employment, real estate and personal inheritance matters.

Amanda Bucklow of In Place of Strife is praised for her ‘innovative and refreshing style’; ‘she is very engaging and unstuffy, and probably her greatest strength is her ability to build a rapport and empathy with the clients’.

The ‘calm and efficientElizabeth Jones QC of Serle Court comes ‘absolutely unhesitatingly’ recommended. She is ‘very knowledgeable in the law’, and unafraid to be ‘a tough operator, and can use that if a party at mediation needs to be brought into line. On the other hand, she is sympathetic to anyone in a difficult situation’.

The ‘very goodLawrence Kershen QC of In Place of Strife is ‘particularly impressive’. He is regularly involved in high-end mediations, ranging from defamation disputes, to finance, IP, engineering and professional negligence matters.

Jonathan Lloyd-Jones, the Oxford-based chairman of Blake Lapthorn, is praised for his ‘good style of connecting not only with solicitors but also claimants. He reads people and situations well, which often leads to a settlement’. Clients also commend his persistent approach: ‘if a claim has not resolved at the mediation, Jonathan will always go the extra mile to see whether or not he can assist in resolving the claim thereafter’. He has recently acted in several multi-party professional negligence claims.

The ‘excellentKarl Mackie CBE, chief executive of CEDR Solve, is highly recommended, as ‘measured, incisive and effective at achieving outcomes even in difficult mediations’. He enjoys a very good reputation in the market, both as an ambassador for the profession and as a mediator, and in 2010 was awarded a CBE for his services to mediation.

The ‘excellentFrances Maynard of CEDR Solvestrikes the perfect balance’ between sustaining empathy and maintaining a tough stance on mediations. Clients also praise her ‘rigorously impartial’ approach, and her willingness to go ‘beyond any normal expectations of a professional mediator’. She is particularly recommended for employment disputes, especially in the financial services industry.

The ‘polite and diligentCharles Middleton-Smith of Squire Sanders Hammonds is appreciated for his ‘quietly persuasive and very patient approach’, which is an ‘effective method of unblocking barriers to settlement’. He has a strong track record for large claims, and ‘his style is open and inclusive; he can be quite directional without appearing to be beating the parties into making a deal’.

Philip Naughton QC, former head of chambers at 3 Serjeants’ Inn, may not be as active as he once was, but when he is used he remains undoubtedly one of the best mediators in the market. His expertise covers the full range of disputes, including energy, insurance, maritime, fraud and construction matters. He spent over 100 days in mediation in 2010, including on major domestic and international disputes.

The ‘very effectiveChristopher Newmark of Spenser Underhill Newmark LLP is popular among major law firms, and is praised as being ‘personable, hardworking and a pleasure to deal with’; ‘his star is very much in the ascendant’. He is also noted for his ‘informal style’, which is ‘balanced by rigour and purpose at key moments’.

One of the founding fathers of mediation’, David Richbell at In Place of Strife has ‘all the qualities necessary for a good mediator: he is modest, highly experienced and utterly committed to helping the parties find resolution’. He is considered one of the go-to mediators for construction disputes.

Beverly-Ann Rogers of Serle Court has few rivals when it comes to mediating trust and probate disputes, where she has a superb reputation for handling difficult situations ‘brilliantly’. She is ‘excellent at deciding in advance how to structure the mediation and how to make the parties feel at ease’, and attracts praise for her ‘complete mastery of complex issues’ and ‘pleasant but firm style’.

One of the best mediators in the country’, Colin Russ (Independent) – a former head of litigation at DLA Piper UK LLP in Birmingham – is praised for his ‘good technical legal knowledge and very affable style’, and his ability to ‘quickly win the trust of the parties’, while working ‘very hard to achieve a successful outcome both on the day and afterwards’. He is also considered ‘excellent at building rapport with both clients and lawyers’, and is ‘patient and persistent in pursuing the resolution of the most intractable of cases’.

Michael Shane of Atkin Chambers is especially well known for his experience in mediating major international construction disputes, often involving significant infrastructure and utilities projects. He also has a good track record in broader commercial, banking and IP mediations.

The ‘extremely effectiveStephen Shaw of Lamb Chambers comes highly recommended, particularly for property-related disputes. ‘He is very patient and an excellent listener, which is critical in mediation’, and is also praised for his ‘calm and considered approach, which can have the effect of defusing some stressful and anxious mediations’.

The ‘outstandingPatrick Walker at Squire Sanders Hammonds is commended for his ‘excellent service’, ‘light, friendly, inclusive approach’, and ‘exemplary’ mediation management. He is ‘measured, highly intelligent, calm, and very client friendly’, and is especially well regarded for property-related disputes, thanks in part to his background as a property litigator.

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