Civil & Commercial Mediation
You can choose between a face-to-face mediation or an online ‘virtual’ mediation using zoom. All parties must agree to the format or place of the mediation.
Equality of access to a mediation:
I am keen to ensure equality of access to any mediation therefore I am happy to accommodate any reasonable provisions required to ensure that anyone with specific physical or mental health conditions can take part. This could include the type of mediation, the accessibility of the location or the duration of mediation sessions to reduce excessive constant screen time.
The areas in which I specialise:
Probate, Inheritance, and TOLATA:
Disputes involving executors, and beneficiaries over the collection, realisation, claim or distribution of properties, titles, debts and rights related to the death of an individual.
Inheritance - Is the process of passing or transferring properties, titles, debts, and rights upon the death of a person,
I have been an executor for an estate in the past and been through probate so I understand the issues involved, the process, the stress involved and the implications on beneficiaries. I have also undertaken mediations that have reached a settlement in this area.
TOLATA orders - Are primarily but not exclusively between unmarried couples they determine who are the legal and beneficial owners of a property and in what proportions.
Probate - Is a legal document which gives anyone named as an executor the authority to share out the estate of the person who has died according to the instructions in the will.
Construction and architect disputes:
Disputes between organisations within the construction supply chain or between them and their end client both commercial and residential. These often relate to the scope, cost or quality of work or materials.
I understand the end to end process and industry structure of the construction sector both commercial and residential having audited building contracts worth tens of millions of pounds.
I have project managed construction projects so I understand the challenges and risk factors associated with a build.
I have undertaken mediations in this area that have reached a settlement in this area.
Landlord, tenant, and housing disrepair
Housing related disputes between landlords and tenants or between tenants of Houses of Multiple Occupancy relating to letting or sub-letting agreements.
I have at different times in the past been a tenant in a property solely rented by me and also in a house of multiple occupancy, and a landlord so I understand disputes from both perspectives.
Disputes could relate to the maintenance and condition of the property, compliance with the terms of the agreement including payments and security deposits, or issues relating to vacating the property.
Currently I am a Director of an Almshouse Trust and have to make decisions on the application, residency and end of residency. Whilst Almshouses have different contractual arrangements, many of the issues discussed are the same.
Boundary, rights of way and encroachment:
Disputes over the ownership and use of land, rights of way across the land, the boundaries of the land between different owners, the use or occupation of land without permission.
These disputes can cause both mental anguish and tie up both assets and time. Mediation is a prompt way to resolve them and I am familiar with the issues involved.
I charge a commercial rate for these mediations, in some areas these kind of mediations can be provided by a ‘community mediation’ provider that may do them for a donation. Feel free to check both the availability and quality of such mediations - I want you to reach a settlement but also to do this at the best value to you.
FREE UKRAINE FACILITATED MEETING or MEDIATION SERVICE:
In solidarity with the people of Ukraine and the wonderful UK hosts, I am proud to offer my services FREE of charge to help resolve disputes between hosts and guests in the ‘HOMES FOR UKRAINE SCHEME’. Please click on the Ukraine flag for more information.
Neighbour disputes
Disputes between neighbours could involve areas such as the volume and timing of noise or other disturbance, or issues associated with the loss of light or the treatment of boundaries.
I understand how distressing it can be when there is a dispute with a neighbour, with many people working from home now; this has become a more significant issue. I am one of the national experts in this area and have been a source for an interview by the Daily Express and day time television when discussing my experiences of mediation in neighbour disputes
I charge a commercial rate for these mediations, in some areas these kind of mediations can be provided by a ‘community mediation’ provider that may do them for a donation. Feel free to check both the availability and quality of such mediations - I want you to reach a settlement but also to do this at the best value to you.
Expensive motor cars: other vehicles and boats:
Disputes related to the terms of sale, condition, description or ownership of specialist, premium, vintage, veteran or classic vehicles, caravans or boats.
I understand particularly that it is rare to find used vehicles without any blemishes and that many items are sold as seen. Equally I know that on many occasions assurances are given or experts are engaged to verify condition. Despite this disputes do occur and I have an interest in classic vehicles so I believe that this is useful to understand the nature of the dispute and to build empathy with all parties.
Commercial contracts
Contracts are part of everyday life, whether we think about it or not, everything we buy or sell involves a contract. We may not read the contract or sign it, it could even be a verbal one.
Differences in understanding or expectation often occur, exclusions may exist but even if from a contractual perspective you may be compliant with the law, there are still business and reputation reasons as well as mental health reasons why it is important to avoid or resolve disputes.
These are disputes between organisations or individuals that purchase or sell goods and/or services and can concern the existence, payment, quality, timeliness, price or after sales warranty of the goods or services provided.
I have over a decade of experience auditing contract compliance, advising on the components of a good contract, providing training on dispute avoidance; and helping to resolve contractual disputes.
Business and share valuations
This can include disputes relating to the contract or valuation of a business, the impact of any statements made or documentation provided during the due diligence and completion phases of the transaction.
I understand business valuations having been a Management Accountant for over a decade. I understand how businesses are valued having completed the financial and operational due diligence of a number of businesses both pre-acquisition and through to post-acquisition integration.
As a Financial Times qualified Non-Executive Director I also understand the fundamentals of UK company law and good governance.
Civil fraud
A dispute involving the victim(s) of a fraud that have taken civil action to recover any sums of money or assets that have been taken or lost due to fraudulent action and/or to obtain payment of compensation or damages relating to that fraud.
I am a Certified Fraud Examiner and have been a management accountant. I understand all of the different types of Fraud, the motives of Fraudsters, and the impact on the victim and wider society.
I have created systems to prevent and detect Fraud and also carried out Fraud investigations for companies.
Director & Professional partnerships
Disputes between directors or individuals in professional partnerships can impact the performance of the business, the motivation of its employees, the reputation of the business and expand into the relationships of partners or spouses. It can result in good and long held social relationships being lost. The sooner that the dispute is resolved, the better it is for all concerned, especially if significant legal costs can be avoided.
I have worked in and around boardrooms for 2 decades, I understand the opportunities, tensions and cultures.
As a Financial Times qualified Non-Executive Director I understand the fundamentals of UK company law and good governance.