Trick or Treat? It’s Directory Time

Ah vanitas vanitatum! Which of us is happy in this world? Which of us has his desire? Or, having it, is satisfied?

Thackeray, Vanity Fair

Autumn is upon us, the clocks have gone back, mists and mellow fruitfulness prevail. And, fittingly, on Halloween itself the legal directories, TripAdvisor for the vexatious litigant, complete their 2018 editions.

Both halves of the profession are racked with anxiety in advance. As the polythene is torn off the books and the uploaded versions flicker on to the screen either fist pumps or a slight tremble of the lip will follow. Trick or treat?

Mediators, we have to admit, are not immune from this bonfire of the vanities. But the Brick Court Chambers team are pretty pleased with this year‘s harvest. Before we set out one two of the highlights (sorry!) we thought we would offer some pointers. We are keen to help the uninitiated appreciate the finer aspects a good directory entry.

  • Anybody who has run into Bill Wood in the last few months will not have escaped being told that he is (per Who’s Who Legal) the 2018 Mediator of the Year. They may be a touch surprised to see him described by Legal 500 this year as “immensely modest”.
  • Geoff Sharp, our New Zealand correspondent, has well and truly marked his increasing presence in London by crashing into Who’s Who Legal and Chambers at the first attempt.
  • Good news too for the indefatigable Tony Willis who this year has been spared ageist references to him being the “grandfather of mediation”, remarks that would have troubled a more flappable man.

We also enjoy the school report flavour that comes with the use of surnames.

Ruttle specialises in ships

Sturrock is the leading mediator in Scotland

Wood is in detention again

There seems to be a set vocabulary and there are clearly subtleties in the choice of epithet. The ones we like include “energetic” and “committed”.

We are less sure about some of the following (however well-intentioned);

“Hard-working” (bit of a plodder?) “Affable” (elderly? Under-prepared?) “Cerebral”(on another planet for most of the day?) “Puts clients at their ease” (likes to be loved and will not challenge even the most absurd aspects of your opponents case?). Enjoy!

John Sturrock QC

“He has tremendous presence and personality but his technical skills as a mediator are also excellent’ L500 2018

A “spellbinding mediator and great thinker”… “by far the best in the market” WWL 2018

“Singled out for praise by clients for his “relaxed, soft approach at outset” and yet for his ability to “still push hard to get a deal at the end of the day.” Chambers 2018

Geoff Sharp

“Leading mediator” in the field ….engaging manner, charm and intelligence” WWL 2018

“Really tenacious and determined to look at things from every angle to get the parties to talk” “He’s really sharp, asks the right questions, and knows when to intervene and when to give clients space” Chambers 2018

Stephen Ruttle QC

“always excellent” “outstanding” WWL 2018

“brings the experience that clients would expect from one of the top mediators in the business and clients are left impressed” L500 2018

a standout mediator who “is really on the ball. He can get into a party’s mind, find out what they care about, then get them over the line and find a resolution” Chambers 2018

Tony Willis

“A top practitioner in the market, specialising in commercial and regulatory disputes” WWL 2018

“… Has conducted over 1000 mediations” L500 2018

“Stands out among practitioners and clients for his tremendous experience” Chambers 2018

William Wood QC 

“The number-one mediator in the UK today” …”rare blend of good humour, professionalism and experience” WWL 2018

“Extraordinarily well-prepared”…. “such an effective mediator because he is extremely cerebral and, at the same time, immensely modest” L500 2018

“You always feel confident when he is there that a mediation will resolve” Chambers 2018

Our collective thanks to our referees who take time to answer the phone or return that researcher’s email and who continue to instruct us year in and year out.
We are very grateful.

Brick Court’s John Sturrock pulled it all together in Edinburgh this last week hosting the International Academy of Mediators’ spring meeting.

The best and brightest of the global mediation community gathered and even got their own tartan to mark the event!

A fantastic program was on offer including Bothy Supper Conversations at local Old Town restaurants and pubs – for more go to #iamedinburgh2018

 

 

http://brickcourtmediators.co.uk/449-2/

Aftercare, Chardonnay and Arizona

Sitting on a panel of mediators in front of an audience of US insurance lawyers last month the topic of mediation aftercare came up. The view on all sides was that when mediations do not settle on the day the mediator’s involvement in the days and weeks that follow is now routine and expected .

Parties expect the mediator to be in contact by phone and email, maybe even over coffee or in a reconvened smaller group. These exchanges can continue over weeks, even months. I have once or twice attended court in mid-trial just before the lunch adjournment at the invitation of the parties to meet them and try to break the deadlock.

Some counsel like a light touch, others want the mediator to push hard. Except in the few cases of truly angry termination (and sometimes even in those) aftercare is taken for granted

Why is it so productive? Companies and individuals can get painted into a corner on the day of the mediation. People get tired and frustrated. Big organisations can simply take time to process a new view of a case as they turn the proverbial super-tanker.

In the hour the panel took to address the conference (in Phoenix, Arizona) I received two text messages.

The first was an unremarkable inquiry from my daughter as to why there was no chardonnay in the fridge at home. But the second from the general counsel of a major media company read simply “Deal Done!”.  A potentially nasty trial between the organisation and its departing Chief Executive had been due to start the next working day. I had overseen an exchange of offers that morning in Phoenix (the afternoon in London) by telephone and email.

I would have punched the air but I was too busy being English.  Sometimes the aftercare seems to be more challenging and more rewarding than the surgery itself.

A Baptism of Fire

Returning to London for a series of mediations this spring my cure for  jet-lag is a one-day Civil Justice Council workshop on the role of ADR in the civil justice system.

90 people packed into the ballroom of a central London hotel: High Court Judges, District Judges, Employment Judges, solicitors, barristers, arbitrators, mediators, the voluntary sector, civil servants from the Ministry of Justice and Her Majesty’s Court Service. As well – a sign of the times, various providers of dispute resolution software.

Chaired by Brick Court’s Bill Wood QC there were no speeches, no talking heads and no power points. Just fast moving discussion;

Why hasn’t the ADR message got through to the public? Are the existing prompts in the system working? If ADR can help parties without representation how is that to be funded and provided? Has ADR been treated as being limited to mediation for too long? Is some form of compulsion or automatic referral to ADR inescapable? If you have to provide at least some opt-outs does that inevitably bog the system down in satellite arguments? How big are the political obstacles in the path of radical reform? Will online access to the Court make all of these questions obsolete or raise new challenges? And what does the overseas experience tell us?

None of us envied the six members of the working group who now have to pick the bones out of it all and write a final report!

Read the CJC ADR Working Group’s Interim Report

What The Directories Say…

BRICK COURT CHAMBERS boasts the leading mediation offering at the UK Bar, achieving several nominations this year including three of our most highly regarded practitioners.

William Wood QC is “totally stunning in every respect” according to peers, who consider him “the best international mediator out there”. They praise his “beautifully light touch” and “would put him top of the list”
Whos Who Legal UK Bar: Mediation 2018

Stephen Ruttle QC is “highly regarded” for his vast experience handling high-value mediation proceedings and continues to impress market sources who describe him as “absolutely outstanding” and “the best there is”
Whos Who Legal UK Bar: Mediation 2018

John Sturrock QC is “utterly brilliant” when it comes to dealing with multi-party commercial mediations, “he absolutely knew what we were after” “and gave fantastic support and advice.” He is highlighted by one impressed source for his “lovely sense of humour”.
Whos Who Legal UK Bar: Mediation 2018/Chambers and Partners 2018

Tony Willis stands out as “one of the grandfathers of mediation” who enjoys “a phenomenal reputation” among peers and clients alike. One respondent effuses: “He always finds a way to get to grips with the dispute and effectively guide the proceedings”
Whos Who Legal UK Bar: Mediation 2018

Geoff Sharp mediates high-end commercial disputes including significant national cases. He receives plaudits from peers, one of whom says “He is a mediation megastar. Geoff is hugely experienced and brings years of knowledge to each mediation.”
Whos Who Legal Mediation 2017