Ronald Bradbeer. There is no doubt that this dispute could not have been resolved without Ronald s firm control of the process.

Transcription

1 CEDR Accreditation: CEDR Panel Member: CEDR Chambers: Languages: Location: English United Kingdom Ronald Bradbeer Northumberland based Mediator There is no doubt that this dispute could not have been resolved without Ronald s firm control of the process. Mediation Feedback Overview Ronald Bradbeer is a senior mediator and facilitator with 15 years experience of helping clients settle their disputes through mediation. A solicitor and consultant with Eversheds LLP with over 30 years litigation experience, Ronald s expertise spans the full remit of commercial sectors ranging from nil value pro bono matters to multi million pound multi party disputes. He has been a CEDR Training Faculty member since Professional Background Ronald has a 30 year background in litigation within Eversheds LLP and for several years ran a litigation practice and a mediation practice in parallel. He developed his litigation practice from a small beginning to be part of a team of over 500 dispute resolution lawyers within his firm. This background has enabled him to work in numerous different sectors both as a lawyer and as a mediator. On moving out of partnership in 2002, Ronald became Eversheds Consultant on ADR with responsibility for ensuring the firm s dispute resolution lawyers competence in mediation throughout their global network of offices. Expertise Charities Partnerships & Shareholder Sale of Goods and Services Construction & Engineering Personal Injury Shipping Employment & Workplace Professional Negligence Sports Media & Entertainment Property Trusts, Wills and Probate NHS & Healthcare 1

2 Dispute Experience (Non-Neutral work in italics) Charities A broad range of claims dealt with by Ronald in the charities sector are often generated by lack of knowledge of the law by one or more parties, lack of funds and/or an oppression of an individual or a minority group within an organisation. Ronald has been a trustee of a charity for over 25 years and has been a regional committee member of the Mental Health Foundation for a similar period, as well as of Barnados. Construction & Engineering Civil engineering (e.g. hospital and multi acre glasshouse design, construction and erection). Electrical engineering (e.g. control panels for ship management). Mechanical engineering (e.g. marine gearbox design and manufacture, design and construction of galvanising plant). Commercial/residential developments (roof design for aircraft hangars in the Falklands and other high wind velocity locations, domestic housing). Oil rig construction and painting contracts. Building and development works for the NHS. Automotive mechanical default issues resolutions have benefited both original complainant and future users of the commodity concerned. Employment & Workplace Several mediations for CEDR under its contact with the Employment Agency. Government department concerning the rights and continuity of employment of an individual employee. An employment issue involving discrimination and sexual harassment. Ronald has handled several thousand tribunal cases, including 2 groups each of over 500 personnel who were claiming under TUPE. He was invariably the advocate for the client in those matters which could not be resolved by early intervention and negotiation. 2

3 Media & Entertainment: A variety of disputes concerning a circus. NHS & Healthcare Ronald is a former non-executive Director of the Northumberland Health Authority and chairman of its Mental Health Act functions and vice chairman of its ethical committee. He established a significant practice in the Health sector as a lawyer, acting for numerous health bodies. Dispute between an NHS Trust and a very senior member of staff who claimed to have suffered severe and continuing mental ill health as a result of the attitude of the employer towards the member of staff. A 136M contractual dispute concerning medical service provision. Disputes concerning clinicians to ward cleaners, from finance directors to medical suppliers, from ambulance drivers to patients. Mediated a wide range of personal injury claims in the NHS involving both staff and visitors. Disputes concerning clinical misdiagnosis. Legal adviser to the Northern Region in the HIV Haemophilia litigation (creating and maintaining the database for 1,000 plus cases for all Claimants and Defendants in the generic litigation). Partnership & Shareholder Ronald has handled partnership disputes for lawyers, architects, accountants and other professionals. Shareholder disputes covering a wide variety of markets ranging from companies dealing in model railways to major manufacturing groups. Whilst these disputes are often seen as being akin to divorce, Ronald has resolved many such disputes both as lawyer and mediator with the parties ending the fight on surprisingly amicable terms. Solutions include expanding the pie by rearranging shares or creating shareholdings. A multi party dispute concerning the proprietors of a well known circus. 3

4 Personal Injury Ronald has many years experience of personal injury disputes as a lawyer and also as a mediator. In addition he is a member of the Court of Appeal s mediator panel for personal injury and clinical negligence. During his career as a lawyer Ronald was recommended by Chambers & Partners Guide to the Legal Profession and the Legal 500 for his work in clinical negligence cases. Court of Appeal referred personal injury claim related to a road traffic accident where costs of the litigation had far exceed the claim with professional negligence alleged against legal advisors. Many personal injury claims in commerce and industry. Court of Appeal personal injury case. Through British Shipbuilders, of which Ronald was lead legal adviser for 15 years, Ronald has dealt with many claims for asbestos related injuries. At its height, the Corporation employed 85,000 personnel. Collision at with all warning lights on but siren turned off, between a police car speeding to a garage theft taking place 4 miles away. Cyclist came out of side road without stopping and was hit by the car. Severe injuries to cyclist including 2 broken legs, arm and shoulder injuries with degloving of left leg from knee downwards. 10 days memory loss. listened well", and "skilfully navigated an intractable situation" - PI Case 2012 Professional Negligence Ronald has worked extensively in the professional negligence sector acting for and against professional firms of all types, for the NHS especially in both the clinical negligence field and for the staff of many hospitals. Whilst he has always sought to reach outcomes by negotiation, his approach to litigation resulted in the decision of the House of Lords in the case of Chester v Afshar in which Ronald acted for the Claimant. Many mediations for surgeons, doctors, dentists, solicitors, accountants, architects, alternative remedy practitioners and others Professional Indemnity claims involving Solicitors negligence, Personal Injury Claims and other issues 4

5 A 3 party dispute concerning a Professional Practice involving allegations of fraud and misconduct. Disputes concerning clinical misdiagnosis. Property Loft conversion caused damage to ground floor flat. Disputes concerning management issues in blocks of apartments, houses in multiple occupation and title to properties in the UK and Chile for both owners and landlords. Setting up of a UK company to own and manage the Chilean properties and thus resolve an international dispute between members of a large family based in the USA, South America and the UK. Extensive experience as a lawyer in the design, building and management areas of property portfolios. Sale of Goods and Services Disputes including toy trains manufacturing to brick making, catering services to motor car parts and servicing. The range is very wide and increasing with heightened customer awareness of both statutory and common law rights. Dispute concerning obligations between a major Petrol Company and a Garage Licensee A 1m per annum plus turnover dispute concerning IT equipment support settlement achieved with a new Contract negotiated through the Mediation and subsequently repeated in a new Pan European Contract. Shipping Ronald was the legal adviser to British Shipbuilders for 15 years working on contentious and noncontentious matters. He also acted as legal adviser to several ship repairing yards both before and after nationalisation and to marine focused engineering companies, with litigation in the UK as well as Canada (Quebec and Halifax), Indonesia (Balikpapan), Columbia (Cartagena) and other foreign jurisdictions. During his time with British Shipbuilders, Ronald was accountable to the Chairman and to the Secretary of State for the Department of Trade and Industry, the sponsoring Department of the Corporation. 5

6 Charter party dispute (US$460K) related to the early return of a vessel from a four year contract. Issues related to the availability of the vessel to charter when time in dry dock was required. Ship design claims related to propulsion, marine gear boxes, ship management systems, welding and the stress features of vessels in widely varying sea temperatures. Repair and refitting disputes including ship extensions, stern tube bearing design, conversions and the removal of asbestos. Ship collisions claims. Claims related to cargo handling and many other aspects of marine based activities including a charter-party dispute ( 400K) concerning early redelivery of a vessel by the charterers. He was very straight forward - had a quick grasp of issues, which was really helpful. - Charter Party Dispute 2012 Sports Ronald understands the keenness of both amateurs and professionals to be and be perceived to be at the top of their sport whilst retaining the characteristics of fairness in a highly competitive environment. Tennis disputes, e.g. an internal dispute concerning the management of a tennis club Rowing disputes Ronald s particular personal interest and expertise both as oarsman, coach and umpire Disputes in equestrian and greyhound breeding and racing environments Advising sports clubs and organisations in sport and club management. Trusts, Wills & Probate Ronald has acted as the Executor of hundreds of estates and settlements, which has enabled him to mediate in the same types of work. A 1m plus dispute concerning a disputed will resolved in 1 day. 6

7 Several disputes concerning issues such as forgotten and unnamed beneficiaries, second spouse or partner interventions, sibling rivalry and a host of other problems concerning these relationships, both legal and personal. Ronald has been an executor and trustee of numerous estates and settlements for many years. He is named as executor in many wills of those still alive. Establishment of 2 forestry estates in Scotland and the supervision of their management for over 20 years. Attorney for several retired clients managing farms and small estates. Under Sheriff for Northumberland with he had responsibility for the management of several flocks of sheep during disputes as to ownership after execution had been levied. Personal Style Ronald s style in mediation reflects his approach to litigation learn the facts, understand what the client s needs are, discuss and agree the process, decide the jurisdiction and use his best endeavours to negotiate, failing which mediation is used whenever possible, and only as last resort was the Court used. Ronald is an experienced litigator with a reputation for thoroughness and a positive approach to problems. He is particularly attentive to the emotional and practical, commercial needs of the parties. He believes that every party should have the chance to settle without the stress and expense of trial, and that a patient mediator, willing to work however long it takes to get the job done, is essential to successful resolution. Feedback there is no doubt that this dispute could not have been resolved without Ronald s firm control of the process. we were surprised by the patience which Ronald showed during the extremely difficult and emotional mediation. Ronald is an extremely good listener. he was really good. I was very happy to have him as the mediator and you could tell he has lots of experience. there was nothing Ronald could have done better on the day. 7

8 he was a very great pleasure to deal with. I would like to take this opportunity to thank you for the calm, reasonable and professional manner in which you have conducted this difficult investigation. Very sensible to all parties concerns. You could tell he has lots of experience. He was really good at understanding what the parties wanted. When it came down to the different offers on the table, he was very sharp and helped the parties to make up their mind quickly I would certainly choose him again." a good listener, he was very effective. Ronald was incredible, he was fantastic and we would definitely use him again. Robust and would not be bullied. Really good at understanding what the parties wanted. Ronald had "clearly read the papers", and "he got to the nub of things", "sensible". Professional Skills Member of CEDR Faculty since Worked for CEDR in the training of mediators in the UK and mainland EC, Nigeria (2), Pakistan (6), Hong Kong (2) and Malaysia (2) for his firm. Appointed Key Expert in ADR for the EC program Better Access to Justice in Turkey (3 months). Frequent lecturer on ADR in accredited continuing legal education programs and also outside the accredited sector in the UK, the EC and Syria. After graduating in law from Cambridge University, Ronald joined the law firm Wilkinson Maughan which eventually merged with Eversheds in Ronald became a partner in 1967 and he specialised in contentious matters until he became a consultant in 2002 He was Head of Litigation in Wilkinson Maughan for over 12 years, Managing Partner for 4 years and Senior Partner for 4 years, partly with Wilkinson Maughan and partly with Eversheds. Ronald has been ADR Consultant with Eversheds for the last 7 years with a worldwide responsibility. Eversheds were the winners of the CEDR Professional Firm Award for

9 Ronald has concentrated on litigation, risk management, negotiation, mediation and personal relationships. During his years as a litigator, Ronald handled thousands of cases in the sectors outlined above. His practice was mainly commercial, working in both the private and public sectors. In the construction and engineering sector, Ronald worked for the NHS, contractors in the oil fields, mainstream engineering groups in both the design and manufacturing fields. His reported cases include one from the House of Lords Chester v Afshar in which he successfully represented the Claimant in one of his few Claimant cases in the clinical negligence field. The Zinnia a ship repair case involving the collapse of a stern tube bearing in the Great Lakes involved a complicated 3 week trial on technical issues. The remainder are history almost invariably without trial. Other Skills and Interests Ronald has been a long term committee member for Barnardos and the Mental Health Foundation with interests in fund raising and research projects. In his spare time, Ronald has had a life long interest in and involvement with rowing. Horticulture on a self-sufficient and semi-organic scale is for the remaining day light hours! He was also a non-executive member of the Board of a College of Further Education in the agricultural sector. 9