True co-mediation, where two mediators work together (as opposed to one being a lead mediator and the other an observer or assistant) is little practiced in the UK. However, in certain situations, co-mediation can prove to be an extremely effective model.
For instance, where highly specialised knowledge, not from a legal but rather industry perspective would be helpful, in addition to the expertise of a full-time lawyer mediator, co-mediation is a model that should be considered.
Whilst Jon mediates in a wide variety of commercial sectors, from minority shareholder and boardroom disputes to professional negligence actions, he has maintained a keen interest in the resolution of disputes in the IT, technology and telecoms sectors. Building on this, Jon has established relationships with other, mainly non-lawyer mediators with heavyweight sectoral experience to offer co-mediation in appropriate cases. Short biographical details for some of the mediators Jon has worked with in the past are set out below:
Mark Goodyear was, until 2004, a senior partner of Accenture. Between 1998 and 2001 he was responsible fortheir Global Technology Organisation and also for overseeing Accenture’s quality assurance programme. He has over 20 years experience of large IT projects in all sectors. An engineer by background, Mark has extensive experience of ‘pre-dispute’ resolution – essentially being brought in to resolve growing commercial or relationship difficulties which the local governance structure or contractual framework is failing to contain. Typically this would mean enhancing oversight or governance arrangements and/or evolving the existing contractual framework on to a more appropriate footing. Mark has also been involved in supporting significant litigation or arbitration.
CEDR accredited, Mark has experience of acting as lead and co-mediator. He is an independent business consultant and also serves as a non-executive director for a number of private companies, as well as providing support and executive coaching to charities and small and medium sized organisations.
Mark has worked with Jon in the past on a number of complex IT disputes involving IP, licensing and project related issues.
Professor Chris Ibbott, a former client of Jon’s, has over 30 years international experience in the technology and telecoms sectors. He is a former director in Vodafone Group Plc and between 1996 and 2005, held various directorships within the Group, including IT & Project Management Director and Director of Network Supply Chain Management. This latter role is documented in his recently published book “The Vodafone-Ericsson Journey to Globalisation and the Inception of a Requisite Organisation” which also looks at the relevance of mediated approaches for the achievement of sustained success. Chris now has his own strategic business advisory practice assisting clients mainly in the telecoms market place. He is also a Visiting Professor at the School of Management in the Faculty of Management and Law at the University of Surrey.
During the course of Chris’ career he has been instrumental in resolving a variety of high level technology, telecoms and IP issues, some with the assistance of Jon whilst he (Jon) was still practising as a litigation lawyer.
Chris is a CEDR accredited mediator, a Chartered Engineer, a Fellow of the Institution of Engineering & Technology, a Chartered IT Professional, a Fellow of the British Computer Society and a Fellow of the Institute of Directors.
Jon would be happy to discuss whether co-mediation might be an appropriate model for any particular dispute.
