Meet the Mediators
Arran Dowling-Hussey has 14 years’ experience as a commercial Barrister.
Arran has been in full time practice as a Barrister in Dublin since 2003. He has also been called to the Bar in Belfast and London and has been associated with a number of chambers in the London area since 2007. As he is admitted in three jurisdictions he has often been briefed in cases that have a multi-jurisdictional element to them including but not limited to offering advices on which is the proper forum for any dispute. Arran is noted for his experience in construction and ADR related work and also has significant experience in commercial, employment, landlord and tenant cases and professional negligence disputes.
In Arran’s own words…
“I am keen to help clients resolve their problems as quickly and expeditiously as possible and where appropriate draw on a heavy background in Alternative Dispute Resolution. However, each dispute has to be considered on its own merits and the resolution of some disputes will be best served by traditional litigation. It is important to me to work to deadlines that well meet the needs of clients and to be clear as to the legal costs that clients are exposed to as a dispute progresses.”
Bill Lister is a highly experienced intellectual property litigator with expertise in all areas of intellectual property work, including the fields of contention copyright, registered and unregistered (passing off) trade marks, registered and unregistered UK and European design rights, patents and trade secrets (know how etc).
Bill has further experience in advising the areas of media law including libel, slander, confidentiality, privacy, BBC regulatory work, regulator referrals (Ofcom and IPSO).
A former barrister, Bill was for many years Head of Intellectual Property at Pannone LLP and is currently a Partner and Head of Intellectual Property in the Manchester office of Fieldfisher LLP where he acts for a number of global companies including Aurora Fashions Group (and its associated companies Karen Millen, Oasis, Coast and Warehouse for which he oversees their global trade mark and brand strategy) VW Ag and other well-known multiple high street retail outlets and business and organisations in both the private and public sectors.
Bill further acts for a large number of small and medium size companies and starter businesses advising them in respect of their general IP rights. Bill’s notably cases including:
- Neville & Hill -v- Wilson & Others (constructive trusts relating to corporate share transfers);
- Rugby Football Union & Nike -v- Cotton Traders Limited (trade marks in the red rose of England);
- ScoreDraw Limited -v- Finch (trade marks in the historic playing badge of the Brazil FA);
- Ultraframe Limited -v- Eurocell Limited (the qualification of damages for patent and intellectual property infringement);
- Environmental Defence System Limited -v- Synergy Health plc and Others (case relating to a patent for the process of manufacturing flood defence systems);
- Automobile Lamborghini SpA -v- Auto Transformation Limited (in which Bill acted for the iconic sports manufacturer Lamborghini protecting its design rights and trade marks).
Bill has been ranked by the Legal 500 as a Leading Individual in his field and by Chambers Director as a Leader in the Field for IP/Media each year since 2012. Bill is ranked as a Leader by the World Intellectual Property Review in its 2017 edition.
Clive Rich is a highly experienced entertainment and digital media lawyer, who has also successfully run digital businesses for companies such as Sony and Bertelsmann.
A qualified barrister, he has been a lawyer for almost 30 years and has drafted and crafted contracts for a broad spectrum of multi-nationals, major organisations and brands, including Yahoo, Apple, Napster, SanDisk, Myspace and the BBC.
He has also previously run his own legal practice, Rich Futures Ltd in association with the Top 30 UK law firm, Olswang LLP, representing a variety of technology companies and SMEs.
Diana Wallis has a long experience in the field of law and dispute resolution. Originally a London solicitor with more than sixteen years post qualification litigation work in the field of European cross border commercial litigation. She then pursued these interests as a leading legislator in the European Parliament. Diana is a Senior Fellow of the Law School at the University of Hull. A well-respected figure in mediation circles, Diana is a frequent speaker at events and has developed her own mediation skills being a qualified mediator with broad experience.
Having been a litigator for over 20 years and having seen clients becoming increasingly frustrated by the litigation process, in 2008 Dorcas came to the view that there must be a better way and completed her accreditation as a mediator with CEDR.
Since then she has conducted a number of commercial mediations, ranging from small construction disputes to an £11million procurement dispute. Mediations have also included high value banking disputes, an HMRC dispute, landlord / tenant disputes, professional indemnity cases, building disputes and a major adverse possession chancery case.
More recently her mediation work has expanded to include workplace mediation and conflict resolution work with boards of both commercial and 3rd sector organisations.
Recognised as a leader in ADR by Chambers and Partners, and the International Mediation Institute: James has wide jurisdictional experience having practiced as a litigation lawyer in England & Wales, the United States and Canada. He also spent 2 years as Chairman of the International Trade Mark Association’s ADR Committee, overseeing the panel of mediators and all ADR programming. James’ mediation experience is extensive both as a mediator and for parties, he has also made several applications as a barrister seeking Mediation directions from the English High Court and Patents County / Enterprise Court, and for costs sanctions for failure to use ADR. Additionally whilst resident in Canada he took part in numerous mediations under the compulsory mediation scheme in operation in Ontario.
Mediation experience has included disputes for – record labels; musicians; pharmaceutical companies; electronics companies; construction companies; divorce proceedings; probate; boundary disputes and solicitors negligence. James’ legal practice, being elected as Councillor and working for a Member of Parliament has given him experience of negotiating and mediating in both a business and people focused environments. In addition James has taken WIPO’s Arbitration course and acted as an arbitrator in mixed ADR formats, he has also been an arbitration assistant on an International Construction Arbitration with its seat in Canada, and has experience of advisory work relating to arbitrations in the USA and Europe.
He has experience in a range of subject areas including boundary disputes, commercial, construction, contract, data protection, property, intellectual property, licensing, employment, family and sports.
James has worked on disputes in several jurisdictions: Appearing in the English High Court, the English Court of Appeal, the House of Lords and Supreme Court. In addition he has worked on several cases that went to the Canadian Supreme Court and appeared before the Ontario Court of Appeal, and various lower level Courts in Ontario and Ohio, as well as appearing before the Supreme Court of the Falkland Islands and the Falkland Islands Court of Appeal.
James has also participated in mediations and arbitrations in both the Americas and Europe, and through his work in trade bodies and global ADR providers such as WIPO, INTA and IMI, he maintains a broad understanding of the best practices and developments in the UK and beyond. His private practice cases have covered: Real property, boundaries, mortgages, commercial contracts and loans, disputes over sports players and associated agreements, sponsorship, publications dealing with defamation and copyright, shipping and carriage of goods disputes, intellectual property, employment and data protection matters.
John is an experienced commercial and business to consumer mediator with specialist expertise in Consumer Rights, Motoring, Property, Finance & Insurance, Offshore energy and Intellectual Property.
John started his career in the financial sector with Barclays Bank and then moved on to Ombudsman Services, where he spent the best part of a decade resolving consumer disputes with participating companies. John had the highest success rate of in-house mediation resolving over 1200 disputes via telephone mediation as well as more recent face to face cases. He has an in-depth knowledge of the Consumer Rights Act and has built up a reputation with the motoring industry to help resolve both business to consumer and business to business disputes.
In John’s own words:
“Commercial and Consumer Mediation are where my strengths are really applied. From working with individuals, small businesses to large multi million pound corporations, I offer a style of mediation which puts the parties at ease to help facilitate discussion and achieve a compromise to gain a successful solution. I am synonymous of flexibility, availability, but at the same time professional. My service is designed to provide the best solutions to meet any type of request resulting in conflicts being resolved.”
Karen graduated in 1982 and shortly after that joined a large tour operator in the Customer Services Department. Nine years later having built up a Customer and Legal Services Department of 20 staff as the company grew, she decided to branch out on her own and become a Litigation Consultant for the travel industry. Working with both large, medium and small travel companies over the last 30 years Karen has gained a vast amount of expertise and knowledge of the industry. She is a very experienced negotiator, mediator and litigator.
In her own words ….
“Despite working in the travel industry for just over three decades I still have the same passion and enthusiasm that I had when I started. After 9 years of working for a company I decided the time was right to take my skills and use them for the benefit of other companies whether small or large. Over time I have gained a lot of practical experience and it still gives me great satisfaction passing this on to others and supporting them with their business.
mediator since 2009. He is currently involved in regulatory work in a variety of markets including aviation, rail, construction, renewable energy, the professions and business ethics, advising businesses on compliance with consumer law and with a wide variety of regulatory requirements. Keith has extensive experience of the leisure industry with particular focus on travel, transport, and hospitality. His specialist expertise covers a range of areas, including disability and equality rights and sustainability.
As a Mediator, Arbitrator and Adjudicator his involvement in dispute resolution stretches back over 25 years. He served as a Senior Lawyer at Which? where he was involved in the early development of UK and EU policy on ADR, and helped the Government to reform the UK civil justice rules to put ADR at the heart of the process. He also worked with the European Commission to develop the practical operation of a European wide extra-judicial network for cross-border disputes. And during his time as Director of Consumer Affairs and Professional Development at ABTA – The Travel Association, he oversaw the development of the most successful consumer arbitration scheme in the UK and scrutinised the outcomes of many thousands of mediated and arbitrated travel disputes.
He has many year’s experience providing legal advice to both corporates and consumers, and has amassed a large portfolio of casework as a mediator, adjudicator, conciliator and arbitrator in commercial and consumer disputes in a variety of complex sectors. This combination of experience as an ADR practitioner and of being in the forefront of developing ADR policy means that Keith understands the crucial role ADR plays in delivering redress by way of a quick, balanced, efficient and cost-effective process and leaves the parties feeling confident that the outcome is fair.
His personal dispute resolution style has been described as ‘balanced, practical and thoughtful’ and his key experience is in successfully resolving conflict in emotionally-charged and often seemingly intractable cases ranging across banking, construction, health, communications, funeral services, transport and housing disputes.
He is also one of 22 Ombudsman Services Business to Business Preferred Mediators.
Mark is an experienced accredited mediator. Since 1999 he has mediated many cases most of which have settled on the day of mediation or shortly thereafter. He is a Chambers Legal Directory and Legal 500 ranked mediator.
Mark’s style of mediation has been described as “robust” and “no-nonsense mediation”. The emphasis is firmly placed upon getting parties to settlement, reality testing of strengths and weaknesses in cases. The vast majority of disputes Mark has mediated have settled on the day of mediation (currently 91%) or shortly thereafter.
Max is a CEDR-accredited mediator and a practising lawyer who specialises in advising on disputes and regulation in the sports industry. He worked on several mediations after qualifying as a solicitor in the mid-1990s and his experience convinced him of the benefits of mediation as a dispute resolution tool. Max then trained as a mediator himself and was accredited as a mediator by CEDR in 2008. Following accreditation, Max quickly built up his mediation experience, initially working alongside some of the UK’s leading mediators. He has successfully mediated many disputes in a range of industry sectors over the last few years (e.g. general commercial, sports, media / entertainment, construction, real estate, landlord and tenant, professional negligence, personal injury). He has spoken at the mediation conference of the Court of Arbitration for Sport and is a member of various mediation panels.
Max trained and has worked throughout his career as a disputes resolution / litigation lawyer, but his current legal practice is exclusively in sports. He advises clients in various sports, but predominantly football, rugby union, rugby league, cricket, tennis and cycling. He represents governing bodies, event organisers, agents, athletes, broadcasters and sponsors in these and other sports, and has worked on some of sport’s most significant legal cases in the last few years, such as the International Cricket Council’s prosecution of match fixing allegations against three Pakistan cricketers, and the ‘bloodgate’ case (in which European Rugby Cup prosecuted misconduct complaints against Harlequins and others for orchestrated cheating in the Heineken Cup).
Max speaks regularly at conferences and has lectured at Liverpool University, Coventry University and the University of Sydney. He often contributes to the mainstream media on topical issues and has written many articles for the legal press. He has written chapters for a number of legal textbooks.
Mark Tunstill qualified as a solicitor in 1991 and worked at major international City firms in Paris and London.
He handles all types of commercial and civil litigation for SMEs. He is a keen proponent of alternative dispute resolution, including mediation, in appropriate cases.
In Mark’s own words:
“As a businessman and SME owner myself for more than two decades, I am fully attuned to the needs of those in business such as stable cashflow and sourcing good, practical, value-for-money professional services including law and accountancy.”
Paul McCarthy is an experienced Finance Director with specialist expertise in a number of industries ranging from travel through to financial services.
Having graduated with a degree in Banking, Insurance and Finance, Paul started his professional career in the City with Touche Ross & Co (later Deloitte), before transferring back to Manchester to complete his training as a Chartered Accountant in the audit department. After five enjoyable years at Touche Ross, Paul left to go travelling around the world and experience different cultures. On his return he joined a subsidiary of a plc as Finance Director, before moving into the travel industry where he enjoyed great success as part of a management team that built up and sold the business to a major FTSE 100 company. Latter experience has included exposure to retail and the FSA regulated businesses, as well as other travel related companies in the UK and overseas.
Paul is passionate about excellent customer service, and places the customer at the heart of everything he does. Paul has first-hand experience of working in high-growth, fast-moving businesses, and understands the adrenaline and energy this generates, as well as the potential pitfalls.
As Paul sees it:
“Being a Chartered Accountant, you appreciate the training and perspective that gives you in business. It allows you to apply logic, reason and financial discipline to all areas. In addition to that however, I’d like to think that I bring both common sense and humour to work. Businesses are about people. They are our greatest asset, and we should never forget that. Empower them, motivate them and together we can achieve great things. I’ve seen it happen, and it is remarkable what can be achieved. Watching people achieve their goals is so rewarding”.
Rahim Shamji has been mediating since 2005 and has a wide civil/ commercial practice where he has undertaken over 500 cases in that time. He regularly undertakes complex multi disciplinary and multi party cases. He always approaches his mediations with a strong sense of neutrality and confidentiality to ensure that he gains the parties’ trust and confidence in the process.
He has a keen interest in the cross-cultural issues that can often become a barrier to settlement. As the lead faculty member for ADR ODR International he is always refining new techniques to ensure that parties feel that the process has served their interests. He works extremely hard to ensure that he listens to what the parties need, which he feels is vital in reaching a meaningful settlement.
- The Bar Council of England and Wales 2000
- International Academy of Dispute Resolution – President Elect
- International Mediation and Conciliation Programme 2005 & ADRg 2010 Qualified in 2005 as a mediator
- Chief Executive- ADR-ODR International
- Barrister – Garden Court Chambers (presently)
- Director of Education and Training – 2011- 2016
- Harvard – Programme on Negotiation – Master class – 2014
William Aylmer is an experienced mediator having mediated disputes in a wide variety of civil and commercial sectors. A sample of his relevant work is provided here:
September 2016 to date – CONSUMER – Financial Services – External panel mediator at Financial Services Ombudsmans Bureau, Dublin for customer complaints against Providers.
April 2015 – COMMERCIAL – Financial Services; non-performing loans – Mediator between Customer and Bank where Customer had sued Bank in English Courts for damages for alleged breach of contract arising from non-performance of property investment loans made in Ireland.
February 2015 – COMMERCIAL – Partnership dispute; professional services – Mediator between former legal professional partners in dispute over wind-up of practice and distribution of assets.
July 2014 – COMMERCIAL – Shareholder / Directors / Boardroom – Mediator between directors of management company of city centre mixed use commercial / residential development in dispute over management company budget and apportionment of service charges.
November 2013 – FAMILY – Probate & administration; family property – Mediator between siblings in dispute over family inheritance and assets.
September 2013 – COMMERCIAL – Construction – Mediator between Developer and multiple residents in dispute over residential construction defects.
June 2013 – FAMILY BUSINESS – Partnership; hospitality sector; family business – Mediator between siblings (twins) in business partnership in dispute over apportionment of proceeds of sale of assets.
May 2013 – PUBLIC-PRIVATE SECTOR, EMPLOYMENT – Probate & administration; workplace; public-private sector – Mediator in multi-party dispute between Executor of a national heritage estate, his employee, the responsible State Agency under the auspices of the Dept. of Finance and a Local Authority, arising from the proposed termination of the employee’s employment, related family accommodation and final completion of the heritage bequest.
November 2012 – COMMUNITY – Voluntary sector; charity; – Mediator between neighbouring community branches of an international marine rescue service in dispute over resource allocation and management issues.
September 2012 – COMMERCIAL – Financial services; Service Level Agreement, Professional Services – Mediator between Bank and its insured security services contractor, where Bank had sued contractor for losses arising from its alleged failure to properly audit the Bank’s automotive dealership customer who had become insolvent.
May 2012 – FAMILY – Probate & administration; family business – Mediator between siblings in litigation for many years over completion and distribution of parents’ estate.
August 2011 – COMMERCIAL – Commercial sponsorship; sports sector – Mediator between local branch of international governing body for sport and a commercial sponsor in dispute over performance of sponsorship agreement.
June 2011 – EMPLOYMENT – Workplace – Mediator in workplace dispute between senior manager colleagues in a bank.
October 2010 – COMMERCIAL – Shareholders; workplace; earn-out – Mediator between management buyout team and owner / investor over implementation of terms of management buyout agreement.
August 2010 – COMMERCIAL – Insurance – Mediator between two insurance companies in dispute over re-insurance service level agreement.
April 2009 – COMMERCIAL – Landlord & tenant – Mediator between commercial landlord and tenant in dispute over enforcement of arbitral award in favour of landlord granting rent review increase.