organised by:

23rd May 2018, Queen Elizabeth II Conference Centre, Westminster, London

 

SESSION SUMMARIES

SESSIONS

9.15 - 9.30

CONFERENCE OPENING

Iain Christie

Secretary, Civil Mediation Council

Iain is a former legal adviser at the Foreign & Commonwealth Office, qualified barrister and accredited mediator in civil and commercial, family and workplace mediation.  He has been Secretary of the Civil Mediation Council since 2012 and is Head of its Complaints and Disciplinary Committee.  He is also a qualified coach and facilitator and a Director of IMPRESS the independent press regulator.  In 2010-11 he went to Drama Studio London and now combines his practice in conflict resolution, regulation and training with some professional acting work.

Joshua Rozenberg

Legal Commentator & Moderator

Joshua Rozenberg QC (hon) is Britain's best-known commentator on the law. He is the only full-time journalist to have been appointed as Queen's Counsel honoris causa. Joshua is known for his independence, his authority and his ability to explain complicated legal issues with simplicity, clarity and wit. Because he trained as a lawyer before becoming a legal journalist, he is often the first port of call for broadcasters faced with a breaking legal story, appearing regularly on Sky News, the BBC news channel and other news networks in the UK and abroad. Joshua is also a trained mediator.

sir alan ward

Chair, Civil Mediation Council

Sir Alan Ward practised as an Attorney in South Africa, before being called to the Bar in 1964. He was appointed a QC in 1984, made a Judge of the High Court in 1988 and elevated to the Court of Appeal in 1995, retiring in February 2013. During his time in the Court of Appeal he has given the leading judgment in cases covering the whole range of work that comes before that court. In other words he knows very little about quite a lot. Throughout this time he has been a staunch supporter of mediation and has given many judgments extolling its virtues and encouraging its use. He is a trained mediator and accredited Family Arbitrator.

9.30 - 10.15

keynote

julienne vernon

Head of Claims Quality, NHS Resolution

Julienne Vernon is Head of Claims Quality at NHS Resolution formerly the NHS Litigation Authority. She studied Law at Cardiff University and is a qualified Solicitor and an Accredited Mediator. Julienne joined NHS Resolution in 2000 and has handled a number of high profile complex cases. In addition Julienne managed a claims team for 10 years before her appointment as Head of Claims Quality.

 

 

melanie rowles

Director of Claims Delivery, Medical Protection Society

Melanie Rowles leads a multi-disciplinary team at the Medical Protection Society that delivers a world-class claims handling service to healthcare professionals, using a balance of claims management, clinical input, professional and administrative support resources. She obtained a law Degree from Leeds University and qualified as a Solicitor in 1985.  She was a member of both AvMA's and the Law Society panel of approved clinical negligence practitioners.  She became an accredited Mediator in 2002.

 

michele grace

Michele Grace has generously agreed to speak about her experience of mediation in October 2017, which dealt with her claim against a Mental Health NHS Trust in relation to the suicide in November 2013 of her 29-year-old son Lewis, a talented musician, when under the Trust's care.  The mediation led to her being invited to speak to staff at the Trust on several occasions and also to the Trust referring patients to the Music Project which Michele had set up in memory of Lewis particularly to help other young musicians facing similar challenges.

RICHARD FURNISS

Barrister, 42 Bedford Row

Richard Furniss is a barrister practising from 42 Bedford Row. He specialises in clinical negligence, acting both for claimants and for defendants.

julie charlton

Partner, Bevan Brittan

Julie Charlton is a Partner in the Clinical Risk team at Bevan Brittan specialising in clinical negligence/medical malpractice litigation, mental health and human rights law, mainly for defendants. She leads in both public and private clinical negligence matter, and has considerable experience advising on high value and complex cases, and also Human Rights Act and mental health claims.  She also has experience in prison health matters and Disability Discrimination Act claims.  She also undertakes private medical malpractice claims for a number of insurers, focusing on cosmetic and aesthetic surgery claims.

 

 

tim wallis

Chair, Trust Mediation

Tim Wallis is a solicitor (1976), a mediator (2004) and Chair of Trust Mediation (TM) (2013) a provider of specialist mediators for personal injury and clinical negligence claims. Tim led TM's tender bid for mediations under the NHS Resolution mediation scheme. He contributes the ADR sections for "The White Book" and "APIL Personal Injury Law, Practice and Precedents" and he commissioned the publication of "The Jackson ADR Handbook" on behalf of the Civil Justice Council. Special interests: un-settleable claims, multi-party claims and online dispute resolution.

tony allen

Mediator and Trainer

Tony Allen is an experienced mediator of clinical and injury disputes.  As a solicitor, he handled injury claims of all types for over 30 years, and was accredited by CEDR in 1996.  He first mediated clinical claims in 1997.  He was a Director of CEDR for 12 years, and is now a freelance mediator and trainer specialising in mediating clinical, injury and public law claims, and has worked throughout the UK and Europe, Africa, Asia and the USA.  He is a member of the Civil Justice Council Working Party on ADR and Civil Justice, and writes extensively on

10.15 - 11.00

Civil & Commercial MEDIATION

In the light of the consultation by the Civil Justice Council's Working Group on ADR, Bill Wood QC, Iain Christie and Judge Michael Ord will consider whether there is ever a good reason not to try and resolve a dispute through mediation. They will be joined by Kerry Greenidge from HMCTS who will be sharing the latest details concerning the development of the online court and mediation pilot projects.

Iain Christie

Secretary, Civil Mediation Council

Iain is a former legal adviser at the Foreign & Commonwealth Office, qualified barrister and accredited mediator in civil and commercial, family and workplace mediation.  He has been Secretary of the Civil Mediation Council since 2012 and is Head of its Complaints and Disciplinary Committee.  He is also a qualified coach and facilitator and a Director of IMPRESS the independent press regulator.  In 2010-11 he went to Drama Studio London and now combines his practice in conflict resolution, regulation and training with some professional acting work.

Bill Wood QC

Chair, CJC ADR Working Group

Bill Wood QC is one of the UK's leading commercial mediators. His mediation practice has taken him to Dubai, Hong Kong, Paris, Geneva, Johannesburg, Nairobi and New York as well as to all parts of the UK. In all he conducts around 80 mediations each year. His mediations involve complex and high-profile matters including competition disputes, financial services, employment, share sales, internet and telecoms-related disputes, professional negligence and international trade as well insurance, reinsurance and aviation. Bill is the ADR representative on the Civil Justice Council and chairs the CJC's ADR working Group. He has just been  awarded Mediation Lawyer of the Year 2018 by Who's Who Legal.

Michael Ord

Employment Judge, HMCTS

Prior to taking appointment as an Employment judge I was a practising commercial mediator through CEDR and other mediation providders. I am a strong advocate of mediation and carry out judicial mediations inthe employment tribunal. I am the co-lead for all forms of ADR in the Employment Tribunal.

Kerry Greenidge

Service Manager, Civil Money Claims Service, HMCTS

Kerry works for the Courts & Tribunals Development Directorate at HMCTS.  She has spent most of her career as a civil servant working in operational and strategic roles.  She is currently the Service Manager for the Civil Money Claims Service, responsible for ensuring that the future operating model for civil money claims meets both user and business needs.

11.30 - 12.15

FAMILY MEDIATION

11.30 - 12.15

FAMILY MEDIATION

John Taylor, Chair of the Family Mediation Council, and Robert Creighton, Chair of the Family Mediation Standards Board, discuss the self-regulation of family mediation, from its early development through to the present day and beyond, looking at both the practical issues that have arisen along the way and the current challenges the system faces.

Robert Creighton

Chair, Family Mediation Standards Board (FMSB)

Robert Creighton is a retired NHS chief executive with many years' experience of senior roles in the public sector. He maintains his interest in leadership and innovation in public services through consultancy within the health and care system, and non-executive roles – principally as the founding Chair of the FMSB and as a Trustee of the Imperial College Healthcare Charity. He is a Visiting Fellow of the Nuffield Trust and an honorary senior lecturer at the London School of Hygiene and Tropical Medicine. Robert sits as an independent member of the FMSB, having joined the board on its establishment in 2015.

John Taylor

Chair, Family Mediation Council

Since qualifying as a Solicitor many years ago, John Taylor has spent a great deal of his time either resolving disputes (through mediation, litigation or arbitration), or doing his best to prevent them (through giving the right advice, at the right time).  He has conducted mediations as a CEDR-accredited civil mediator.  He sits as a Coroner, and much enjoys working as a Mentor to law students.  He has delivered many well-received lectures and training sessions – in several countries - and written legal articles for the "Evening Standard". John has been an independent director and Chair of the FMC since 2016.

12.15 - 13.00

RESTORATIVE JUSTICE

EWAN MALCOLM

Ewan Malcolm is Chair of the College of Mediators, Board member of the Family Mediation Council and a Patron of Scottish Mediation. Since 2013 he has been CEO of Relate London North West & Hertfordshire promoting healthy relationships through counselling, mediation and training.

After working as a partner in a Scottish law firm over two decades Ewan was the founding Director of the Scottish Mediation Network for seven years building strong links with the Scottish Government. When living for two years in New York City, Ewan ran the Manhattan Civil Court Mediation Service assisting hundreds of people to resolve their disputes.  He also is the Director of Training for CALM the Association of Family Law Mediators accredited by the Law Society of Scotland.

Ewan’s achievements as a practitioner were recognised when he was named Mediator of the Year at the Law Awards of Scotland 2008. He graduated from the University of London Masters programme in Conflict Resolution and Mediation, with distinction, in 2011.

Ewan Malcolm

• Chair of the College of Mediators

• Board member of the Family Mediation Council

• Patron of Scottish Mediation

• CEO of Relate London North West & Hertfordshire

• Director of Training for CALM, the Association of Family Law Mediators accredited by the Law Society of Scotland

• Partner in a Scottish law firm for two decades

• Founding Director of the Scottish Mediation Network for seven years

• Coordinator of the Manhattan Civil Court Mediation Service

• Mediator of the Year at the Law Awards of Scotland 2008.

• Masters in Conflict Resolution and Mediation, with distinction

 

 

Restorative justice brings offenders and victims into communication with each to repair the harm caused by a crime. This session will explore what restorative justice is and some of the key concepts that underpin its delivery. The speakers – Darren Carson, Northamptonshire Youth Offending Service, Linda Millington, the Restorative Justice Council and Lucy Jaffé, Why Me? - will discuss what happens during a restorative process and how it feels for victims and offenders to take part. The session will also look at possible reasons as to why restorative justice is not available to all victims and how these barriers can be potentially addressed. There will also be an opportunity for questions from and discussion with the audience.

Darren Carson

I am an accredited practitioner with the RJC working for Northamptonshire Youth Offending Service in a team that has responsibility for Restorative processes and victim engagement. Restorative Justice is vital in allowing those affected by crime a voice and to help those responsible understand and have an opportunity to repair the harm caused.

 

 

Linda Millington

I am currently the Restorative Justice Council’s manager for standards, accreditation and quality assurance with oversight of the RJC’s kitemarking schemes for ensuring that there is safe delivery of restorative practice. I am also a restorative practitioner working for the Kent and Medway Restorative Justice Service.

Lucy Jaffé

Lucy Jaffé is Director of Why Me?, the charity established by a victim of crime to increase access to restorative justice (RJ) for other victims. Since her involvement Why me? has  tripled in size and expanded its focus from campaigning and communications to include service delivery. She has trained as an RJ facilitator and been involved in complex casework, currently supervising the casework at Why me?.

14.00 - 14.45

WORKPLACE MEDIATION

Facilitated by David Whincup, the CMC Workplace Mediation Group hosts an interactive panel discussion between high profile speakers, who will explore the relationship between mental health and conflict, exchanging insights on:

• The current state of the workplace and how mental wellbeing fits into the picture

• Why  mediators need to address and understand mental health in the workplace

• Work related stress – key signs and triggers

• A mediator’s role  in managing mental health as well as related boundaries

The panel includes: Rachel Suff (CIPD), Jessica Sullivan (Care First), Suzy McCormick (Civil Service), Anthony Feilden (Psychologist),

Simon Long, Senior Adviser, Acas.

 

 

David Whincup

Head of London Labour and Employment Practice, Squire Patton Boggs

Following 10 years at a Magic Circle firm, David has been Head of Squire Patton Boggs' London Labour & Employment Practice since 1994. His directory-rated expertise gained from over 30 years as a specialist employment law practitioner covers a wide variety of employment-related issues including individual and team recruitment issues, disciplinary and grievance procedures, worker status matters, redundancies, discrimination and dismissal claims and other litigation, whistleblowing, employee health, data protection and matters surrounding confidentiality and intellectual property in the workplace. David is a regular writer and speaker on employment  law matters, a qualified mediator and a University Governor.

Rachel Suff

Senior Policy Adviser, CIPD

Rachel is a policy and research professional with over 20 years' experience in the employment and HR arena. An important part of her role is to ensure that the views of the profession inform CIPD policy thinking on health and wellbeing and employment relations. She has recently led a range of policy and research studies about mental wellbeing at work and represents the CIPD on key Government and other advisory groups, such as the recent Stevenson-Farmer review of mental health and employers, and the Royal Foundation's Heads Together Workplace Wellbeing programme. Rachel is a qualified HR practitioner and researcher.

Simon Long

Senior Adviser, Acas

Having worked in Acas for over 20 years Simon has developed particular expertise in dispute resolution, ranging from individual mediation between colleagues, to collective disputes between trade unions and employers. Simon also works with employers, helping them set up their own internal mediation schemes and train their staff in mediation skills. Simon holds a Post Graduate Certificate in Dispute Resolution. Simon is the designated advisor for organisations in Islington, Enfield, Hackney, Haringey and Waltham Forest.

Suzy McCormick

Lead Consultant - Mental Health, Cabinet Office

Suzy McCormick is the Lead Consultant on Mental Health for Civil Service HR, based at Cabinet Office. Her role includes leading the health and wellbeing strategy for the Civil Service and implementing the recommendations of the Thriving at Work review which apply to the Civil Service as an employer. Suzy has over 13 years experience working in a variety of HR roles within both the Civil Service and wider public sector. She studied a Masters in HR Management at London Metropolitan University and is a Chartered Fellow of the CIPD.

Jessica Sullivan

Clinical Director, Carefirst Part of the Priory group of Companies

Jessica is Clinical Director of an Employee Assistance Programme (EAP) who support many employees working for the clients we partner with. Carefirst provides helpline services including immediate emotional support as well as general information and advice.  Additionally we offer training, mediation, critical incident support and contracted counselling to individuals and couples. Jessica has 35 years' experience working in multi-national organisations. She has been a trainer, therapist and clinical supervisor for the last 20 years in a variety of settings but predominantly within EAP. It is a varied and reactive role ensuring client safety and good clinical governance.

Anthony Feilden

Director, Resilient Mindset Ltd

Anthony is a neuroscience psychologist and Director of Resilient Mindset Ltd. He has over 20 years experience in the field of resilience and peak performance.  While at the UN, East Africa, Anthony worked in a specialist team researching liberation and regional change.  A post-graduate psychologist, he trained in clinical hypnotherapy with Stephen Brooks and Neuroplasticity with Dr Rick Hanson. Anthony’s unique Stress2Energy system is a synergy of techniques acquired from his work with athletes, the military and interviews with Apollo and shuttle astronauts.  Anthony reduces stress and mental health by enhancing resilience and optimum performance.

 

 

14.45 - 15.30

COMMUNITY MEDIATION

This session provides insights into community mediation - Clients, methods, outcomes, and challenges. Community mediation addresses conflicts involving neighbour, tenancy, residential community, family, and safeguarding issues. It can also address dysfunctional relationships at work and problems arising from faith and cultural differences. It includes training and management in schools and colleges to create peer mediation schemes. The scope and volume of community mediation work means that it is a valuable training ground for all aspiring and practising mediators. But how does it work, and how is it funded? An interviewer and an experienced group of panellists will provide some answers.

Corinne Rechais

Corinne Rechais is director of Calm Mediation, which provides community mediation services within 10 London Boroughs.

After completing her LLB, she trained as a mediator and restorative justice practitioner.  She joined Calm Mediation as Director in 2006 and manages a team of four coordinators and 80 volunteers providing community mediation services, workplace mediation, restorative justice and community mediation training.  She has helped the organisation to develop into one of the largest community mediation service providers in Greater London, dealing with referrals from more than 20 local authorities and housing associations and more than 180 mediation and restorative justice cases annually.

David Walker MBE

David Walker has 32 years of experience as a community mediator.  He mediates community conflicts of every kind, but has specialist knowledge and experience in dealing with anti-social behavior, harassment and hate crime.  He has also mediated in situations involving people and groups affected by gang-related conflict, including incidents involving shootings, stabbings and homicide. He is director of mediation at Southwark Mediation Centre, and supports its team of volunteer and professional mediators, as well as the peer mediation team at Bacon’s College.  He regards himself as a mediation practitioner rather than an administrator, and maintains an active community mediation case-load.

 

 

Dr John Allison

After a career as a consulting civil engineer, John Allison trained as an adjudicator specialising in construction disputes. He now practices across the spectrum of mediation, but community mediation has been his practical training ground. He joined Bromley Community Mediation Service in 2008, becoming chair in 2010.  He has chaired the London Community Mediation Council since 2015, and currently chairs the Mediation Awareness Group (MAG) responsible for Mediation Awareness Week. He is interested in research on community mediation funding, and challenges the assumption that its monetary value can only be assessed realistically in terms of savings to the public purse.

Bacon’s College, Rotherhithe – Young Mediator

The Bacon’s College peer mediation project has been in progress for more than 10 years.  The programme has received several awards and is recognised for its positive impact on student life and the development of the college as a whole. The young mediators are students who are selected and trained by Southwark Mediation Centre to become practising mediators during their final years at the college.  As well as mediating within the college, many of them gain concurrent experience as co-mediators for community mediation referrals received by Southwark Mediation Centre.  A former college mediator is among the speakers at the conference.

15.30 - 16.45

All Mediation Panel

Speakers from each mediation sector discuss what we can learn from each other and take questions from the audience.

 

Linda Millington

I am currently the Restorative Justice Council’s manager for standards, accreditation and quality assurance with oversight of the RJC’s kitemarking schemes for ensuring that there is safe delivery of restorative practice. I am also a restorative practitioner working for the Kent and Medway Restorative Justice Service.

Bill Wood QC

Chair, CJC ADR Working Group

Bill Wood QC is one of the UK's leading commercial mediators. His mediation practice has taken him to Dubai, Hong Kong, Paris, Geneva, Johannesburg, Nairobi and New York as well as to all parts of the UK. In all he conducts around 80 mediations each year. His mediations involve complex and high-profile matters including competition disputes, financial services, employment, share sales, internet and telecoms-related disputes, professional negligence and international trade as well insurance, reinsurance and aviation. Bill is the ADR representative on the Civil Justice Council and chairs the CJC's ADR working Group. He has just been  awarded Mediation Lawyer of the Year 2018 by Who's Who Legal.

Robert Creighton

Chair, Family Mediation Standards Board (FMSB)

Robert Creighton is a retired NHS chief executive with many years' experience of senior roles in the public sector. He maintains his interest in leadership and innovation in public services through consultancy within the health and care system, and non-executive roles – principally as the founding Chair of the FMSB and as a Trustee of the Imperial College Healthcare Charity. He is a Visiting Fellow of the Nuffield Trust and an honorary senior lecturer at the London School of Hygiene and Tropical Medicine. Robert sits as an independent member of the FMSB, having joined the board on its establishment in 2015.

Dr John Allison

After a career as a consulting civil engineer, John Allison trained as an adjudicator specialising in construction disputes. He now practices across the spectrum of mediation, but community mediation has been his practical training ground. He joined Bromley Community Mediation Service in 2008, becoming chair in 2010.  He has chaired the London Community Mediation Council since 2015, and currently chairs the Mediation Awareness Group (MAG) responsible for Mediation Awareness Week. He is interested in research on community mediation funding, and challenges the assumption that its monetary value can only be assessed realistically in terms of savings to the public purse.

Caroline Sheridan

Director and Chair of the CMC's Workplace and Employment Group, CMC

Caroline is a leading mediator recognised in both the Chambers UK and Legal 500 directories and her company Sheridan Resolutions Ltd was this year recognised as a best practice provider of mediation and leadership development services in the Law and Justice edition of the Parliamentary Review.  Chair of the CMC’s Workplace and Employment Group, Caroline is also personally in demand as an Executive Coach and Supervisor as well as running a leadership development consultancy which is an ILM Approved delivering leadership and management, coaching and mentoring qualifications to levels 3, 5 and 7.

16.45 - 17.30

conference close

SESSION SUMMARIES

One of the fastest developing areas in civil mediation in recent years has been in clinical negligence claims.  Following its mediation pilot, NHS Resolution has established a permanent mediation scheme and take-up and experience of the mediation process in this sector is growing quickly.  The Medical Protection Society has also just launched a new mediation pilot scheme. Joshua Rozenberg interviews some key participants about these exciting developments, their experience of the process and the benefits of this: a claimant, Julienne Vernon (Head of Claims Quality at NHSR) and Melanie Rowles (Head of Claims Delivery at the Medical Protection Society). They will be joined by a panel comprising mediators and lawyers who act for claimants and defendants.

 

 

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