PAUL BERWIN MEDIATION
You don’t need just any mediator.
You need a mediator who has gone the journey you are going, who has real business experience, has seen and negotiated shareholder agreements and disputes, commercial and technology contracts, property issues.
A mediator who understands business relationships and how they can go wrong, company structures, real estate, intellectual property, the issues in software and IT projects, and why they can fail to deliver.
By having that knowledge and experience, a mediator can help disputing parties seek out and explore routes to resolution, and find a better way.
The mediator’s job isn’t to make a judgment. A mediator is not acting as a judge, arbitrator or lawyer. The role of a mediator is as a facilitator, to help the parties find the path to resolution and settlement. That takes skill, insight, depth.
I’m Paul Berwin. Let me help you find a resolution.
ABOUT PAUL BERWIN
I am a hugely experienced, highly ranked company, commercial and technology lawyer bringing to my mediation practice many years of experience to facilitate the resolution of disputes across a range of areas.
I am a
- CEDR Accredited Mediator https://www.cedr.com/commercial/
- Full member, Civil Mediation Council https://civilmediation.org/what-is-the-cmc/
- Co-Founder and accredited panel member, Society for Computers and Law Mediation Panel https://www.scl.org/scl-mediation-scheme-sclm/
- Founder Director of Leeds Digital Festival https://leedsdigitalfestival.org/about/
My principal areas of expertise relevant to mediation include:
- Information Technology
- Supply of goods and services
- Intellectual property
- Share purchase/sales and restriction
- Domain names and trademarks
- Property disputes
- Software development paths, methodologies and elements
- Shareholders, partner and family business agreements and disputes
Mediation is a better way of resolving disputes. No-one is sitting in judgment, no-one is making decisions for the parties. It is a means, using a skilled mediator as facilitator, to help parties reach an agreement which allows them to move on – with or without an ongoing relationship, perhaps allowing them to go their separate ways without the enormous jeopardy, cost and delay of litigation. In a mediation, parties can reach agreement to do things which a judge would not be able to order. Let’s do it better.
I bring to mediations my own experience in involvement in mediations and negotiations as legal adviser, and bringing my highly constructive, empathetic approach to facilitating the resolution of issues.
CASE STUDIES
Some cases in which I have been involved are:
- Resolving dispute over fitness for purpose and delivery between UK local authority and US NASDAQ listed software company;
- Concluding agreement in mediation between UK website development agency and national holiday sites operator over ownership of intellectual property and other website assets
- Resolving issue between shareholders of technology company as to valuation and the basis for exit of shareholder, whilst maintaining viability of remaining business;
- Dealing with dilapidations and lease clause dispute including the extent of a demised leasehold property
- Party Wall Act valuation dispute
- Inheritance dispute between children of deceased as to appropriate shares and specific assets
- Nuisance Dispute involving alleged damage to property from works in neighbouring property
- Dispute between lender and development company which was seeking to avoid repossession in relation to significant residential development site,
- Shareholder dispute between two founders where the terms of their agreement was never finalised
- Dispute over condition and fitness for purpose of high-value vehicle
- Shareholder dispute involving two equal shareholders in a £2m engineering company, with one party looking to exit and widely differing expectations on value.
MEDIATION FEES
Litigation is expensive; mediation can be very cost effective, and can be done with or without legal representation.
I am able to offer fees on the Civil Mediation Council fixed fee scheme; find these at https://civilmediation.org/fixed-fee-scheme/
For technology-related mediations through the Society for Computers and Law Mediation Scheme please look at https://www.scl.org/scl-mediation-scheme-sclm/
For other fee enquiries, please just ask; I'll do my best to find a fee structure that works for you, and mediation delivered in a way that suits you - in person or online.
Mediation fees are generelly shared equally between the parties (and are quoted per party), and are payable in advance.
CONTACT ME
Telephone: + 44 (0) 7595 650224
E-mail: Paul@paulberwinmediation.co.uk
Paul Berwin Mediation is based in Leeds, UK - further details avaialble on request.
PRIVACY POLICY
Paul Berwin practising as Paul Berwin Mediation is the controller responsible for your personal data. We collect and process your personal data when you provide the information to us in relation to the services we provide or make enquiries about those services.
This privacy notice provides information on how we collect and process your personal data when you visit our website or use out services.
The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
- Identity Data.
- Contact Data.
- Financial Data.
- Transaction Data.
- Technical Data.
- Profile Data.
- Marketing and Communications Data.
How we use your personal data
We will only use your personal data for the purpose for which we collected it which includes the following:
- To register you as a party or representative of a party to mediation.
- To conduct a mediation or steps preliminary to or subsequent to mediation
- To manage your relationship with us.
How we share your personal data
We may share your personal data an organisation through which (for instance, through its mediation scheme) you have been introduced to us, subject to that organisation’s own privacy policies.
International transfers
We may transfer, store and process your personal data outside the UK where necesaart for the purposes of mediation
Your legal rights
For details of your rights under data protection laws, including the right to receive a copy of the personal data we hold about you and the right to make a complaint at any time to the Information Commissioner's Office, the UK regulator for data protection issues (www.ico.org.uk), please see the Information Commissioner's Office’s website.
Contact details
If you have any questions about this privacy notice or our data protection practices, please contact Paul Berwin. Our contact details are as on this website
COMPLAINTS POLICY
Introduction
This Complaints Policy outlines the procedures for raising and resolving complaints relating to civil and commercial mediation services provided by Paul Berwin, an accredited mediator operating in the United Kingdom. The policy is intended to meet the requirements of the Civil Mediation Council (CMC) and to demonstrate a commitment to providing a high standard of service and addressing concerns fairly and promptly.
1. Scope
This policy applies to all clients, participants, instructing solicitors, and any other individuals who have engaged with the mediation services of Paul Berwin. It covers complaints about the standard of service, conduct, or administration of the mediation process.
2. Making a Complaint
Informal Resolution: If you are dissatisfied with any aspect of the service, you are encouraged to raise the matter informally with the mediator as soon as possible. Many issues can be resolved quickly and amicably at this stage.
Formal Complaint: If the issue is not resolved informally or you wish to make a formal complaint, please submit your complaint in writing by email or letter to Paul@paulberwinmediation.co.uk. Please include:
- Your name and contact details
- Details of the mediation (date, parties involved, etc.)
- Full details of your complaint, including any relevant documents
- The outcome you are seeking
Timeframe: Complaints should be made as soon as possible and, in any event, within three months of the event or circumstances giving rise to the complaint.
3. Acknowledgement and Investigation
- Acknowledgement: Your complaint will be acknowledged in writing within five working days of receipt.
- Investigation: The mediator will investigate your complaint thoroughly and impartially. In the case of complaint which the mediator is unable to resolve, they will consider appointing an independent person (for example, another CMC-registered mediator) to review the complaint.
- Response: A written response will be provided within 21 working days of acknowledging your complaint. If this is not possible, you will be advised of the reasons for the delay and given an estimated response date.
4. Outcome and Remedies
The response will set out the findings of the investigation and any proposed remedies, which may include an apology, an explanation, corrective action, or, in rare cases, a refund or reduction of fees.
5. Escalation to the Civil Mediation Council
If you remain dissatisfied after the mediation practice’s final response, you may refer your complaint to the Civil Mediation Council (CMC) for review at secretariat@civilmediation.org , provided your complaint falls within the CMC’s scope.
6. Confidentiality
All complaints will be handled in accordance with the confidentiality requirements of the mediation process, except where disclosure is necessary for investigating the complaint or required by law or the CMC.
7. Record Keeping
A record of all complaints, investigations, and outcomes will be maintained for at least six years in accordance with CMC requirements and data protection law.
8. Review of Policy
This policy will be reviewed regularly and updated as necessary to ensure continued compliance with the Civil Mediation Council’s requirements.
Contact Details
For all complaints or further information, please contact:
Paul Berwin
Paul@paulberwinmediation.co.uk