Mediation Experience

Assistant mediator relating to a professional negligence claim against a multinational firm of engineers relating to supervision of repair works to domestic premises in South West England. Settlement of claim at mediation. (Lead mediator: - Adrian Llewellyn-Evans)

• Assistant mediator concerning a professional negligence claim against architects in Monmouthshire. Mediation in London as insurers where defending claim. Claim did not settle at mediation. (Lead mediator: - Peter Aeberli)

• Assistant mediator in a Court of Appeal mediation concerning a professional negligence claim against solicitors, and the provider of a warranty. Claimant legally aided. Claim did not settle at mediation, but resulted in a Court of Appeal decision leading to a change of procedure by issuer of warranty. (Lead mediator: - James Percival)

• Assistant mediator in two day mediation by private individuals against High Street Bank. Claimants alleging that Bank’s employee put undue influence upon them to sign various papers concerning their business premises in South West Wales. Settlement of claim, after mediation. (Lead mediator: - Andrew Paton)

• Assistant mediator in landlord and tenant dispute on industrial premises in London. Claim related to disputed service charge, and requirement to meet various costs. Settlement after 18 hours of mediation. (Lead mediator: - Elizabeth Jones QC)

• Mediator of dilapidation claim relating to industrial premises in Gloucestershire. Claim for £250,000, settled at mediation after four hours. Both parties legally represented at mediation, together with chartered surveyors providing valuation advice.

• Mediator of claim against South Wales firm of chartered surveyors concerning the sale of a residential property. Settlement of dispute at mediation without resorting to court action. Surveyor legally represented at mediation, Claimant in person which added to the complexity of the dispute.

• Mediator of boundary dispute in West Wales between two brothers. After six hours it became clear that dispute was over larger family history, and mediation not progressing to resolve larger issues. Mediation concluded without settlement of boundary dispute. Both parties legally represented, with one party disputing court appointed single expert’s report.

• Mediator in claim against national firm of surveyors following an allegedly negligent structural survey. Telephone discussion with both parties over a number of days, encouraging them to reconcile their dispute, pointing out the costs of pursuing their dispute resulting in settlement of claim, without resorting to the court or “formal mediation”.

• Assistant Mediator in a long running dispute between a local authority and builder. The defendant had received compensation - £200,000 - under a compulsory purchase order for total extinguishment of business in accordance with the Land Compensation Acts. However, the builder had carried on trading under a very similar style after receipt of the compensation, contrary to the terms of the agreement. Successful conclusion of mediation after ten hours. Both parties legally represented one with counsel and having experts in attendance. (Lead Mediator – Mr Phillip Howell-Richardson)

• Mediator in boundary dispute between residents and adjoining allotment society in South Wales Coastal town. Both parties legally represented at mediation. Basis of agreement resolved at the mediation which ultimately led to the settlement of the dispute and the preparation of formal rights of way documentation between the parties after the mediation.

• Mediator in dispute between builder of new house and owner/occupier. The dispute related to the quality of work, and as the builder was not NHBC registered there was no agreed methodology for resolution of disputes. Successful mediation of approximately four hours following a site visit earlier in the day.

• Mediator in a dispute between two neighbours over position of a boundary in Bristol. The Claimant was represented by Counsel whilst the Respondent was unrepresented. Mediation conducted on site, and resolved relatively quickly.

• Mediator in a dispute relating to sewage pollution by a water company on a quality residential property and as a result the Claimant was withholding water rates. Both parties represented at the mediation by solicitors and counsel, with settlement of dispute after four hours of negotiation.

• Mediator in a dilapidations dispute concerning a doctor’s surgery. The tenant had vacated the premises and left them in a poor state of repair. The Landlord claimed the cost of works as his remedy. Matter proceeding in the High Court. One party represented by solicitors whilst the other was unrepresented either in the court action or mediation. Settlement of the dispute at the mediation within the allotted time – four hours.


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