As a mediator and ombudsperson, I help people and organisations resolve disputes informally and focus on the future. I help to redirect the energy and resources tied up in disputes towards constructive aims.

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Range of issues

My mediation and ombudsperson services focus mainly on employment and work-related issues, but the same principles can be applied to any dispute or difference.

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As well as purely employment issues, I've helped to resolve disputes involving partnerships and LLPs, boards of directors, shareholders and investors in private companies, trustees of charities, boards of governors of schools and colleges and councils of universities.

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I'm accredited both as a mediator (through CEDR) and as an online mediator (through ADR Group).

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I act as ombudsperson for an international organisation, focussing on promoting the informal resolution of conflicts.

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Before accepting any appointment, I carry out a check to ensure that no conflict of interests will arise.

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For more about my experience, head to About.

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Online or in person

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I carry out mediations and discussions both online (usually using Zoom) and in person. Zoom allows people to be in separate confidential "rooms" and to come together for joint meetings in much the same way as if everyone was physically present.

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Both the online and in-person routes are potentially very effective and I'm happy to conduct mediations and discussions in either format, or a mixture of both. 

 

There are some pros and cons. For example:

•    In-person mediation allows for greater scope for non-verbal communication (body language etc.), which may in some cases increase the chances of the participants developing a constructive relationship.

•    Sometimes, one or more participants may be reluctant to meet others in person, making online mediation a more attractive option in those cases.

•    Online mediation usually removes the need to book physical space and the need for the participants and/or mediator to travel. This reduces the overall cost of the mediation.

•    Online mediation allows greater scope for participants who are not constantly involved in the mediation process to use the “down-time” to get on with other tasks.

•    However, online mediation also increases the potential scope for external distractions. 

•    Online mediation depends on the participants having reliable internet broadband.

•    In online mediation, there are no geographical limits on the choice of mediator, subject to broadband availability.

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"Employment" or "workplace" mediation

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Some of the terminology which has sprouted in this area is potentially confusing:

•    “Employment mediation” usually means the mediation of one or more actual or potential employment law claims, with a view to reaching a legally binding settlement;

•    “Workplace mediation” usually means the mediation of difficulties in the workplace, with a view to establishing and maintaining constructive working relationships, but not necessarily a legally binding agreement.
 

There is potential overlap between these two types of situation. In practice, I start each case with an open mind.

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The mediation process

 

What follows below is a summary for those who have not recently been involved in a mediation or who would like a quick reminder.

In mediation, a neutral person actively assists participants to reach agreement about how a dispute or difference between them should be resolved. The dispute or difference need not be formal or legal. It may stem from a relationship, transaction or encounter or any kind. It may involve individuals, communities, businesses, charities, public sector bodies, governments or states.

Mediation is a flexible process. However, it usually involves a combination of some or all of the following:

•    Invariably, a mediation agreement, in which each of the participants and the mediator agree the ground rules;

•    Separate discussions between each of the participants and the mediator;

•    Private time for each of the participants to consider developments and their approach; 

•    Round-table discussions between some or all of the participants with the mediator present;

•    If a written agreement is the outcome, work by all participants and the mediator on the agreement.

 

Mediation principles

There are a few important principles, which should be reflected in the mediation agreement:

•    Neutrality: the mediator is neutral and has no stake in the dispute or its outcome.

•    Collective confidentiality: all discussions in the mediation are confidential between the participants and the mediator, unless the participants otherwise agree. This helps create a safe space in which discussions can take place.

•    Individual confidentiality: discussions between the mediator and each of the participants are confidential to that participant, unless and until that participant otherwise agrees. This allows for safe spaces to be built up between the mediator and each of the participants, so that ideas and proposals can be raised and knocked around between them, without any risk that they will be revealed to any other participant until they have been properly considered and approved by the participant putting them forward. 

•    “Without prejudice": no discussions in the mediation can be used against any participant in any legal proceedings. This reinforces the boundaries of the safe space, by allowing concessions to be made by a participant without any risk of them being used against that participant if agreement is not ultimately reached.

•    Participant control: the participants are in control of the outcome. Any of them can withdraw from the mediation at any stage if they wish, although the mediator might try to persuade them that it is worth continuing. I vividly recall a mediation in which one of the participants spent most of the day putting on his coat to leave and then reluctantly taking it off again. Agreement was ultimately reached, although it is not an approach I'd necessarily recommend!

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To discuss a potential mediation, please contact me by email to arrange  a confidential chat without charge at: email