Erich SUTER
PARK CHAMBERS
Site Index
          
Hover over underlined
text in white for more information
This site was last
updated on:
18 November 2008
Number of visitors:
| |
|
Park
Chambers -
Mediation and Mediators |
|
 |
|
At
Park
Chambers we aim to offer a reasonably priced, local and effective mediation
service. Our mediator can come to your offices, or to your solicitor's offices
(or we can provide accommodation).
Our
charges are generally
split equally between the parties - unless there is an agreement to the
contrary. (Usually in workplace mediations where employment is continuing the
employer will pay the mediator's fees.)
The amount of time allowed for a mediation will generally depend on the
complexity of the matter. In some cases only two to three hours are allowed
initially; in most cases allowing a full day for mediation is sensible.
If you would like to arrange or to discuss arranging a mediation please do not
hesitate to contact us. (Because the need for neutrality is paramount in
mediation we will not be able to discuss the merits of your case or its
strengths and weaknesses).
Contact Erich Suter
Return to top of page
|
|
 |
|
LLM
Advanced Litigation (now LLM in Advanced Litigation and Dispute Management)
MCIArb
(Member of the Chartered Institute of Arbitrators)
Accredited commercial
mediator accredited
by
- Chartered
Institute of Arbitrators; and
- ADR Chambers
Contact Erich Suter
Return to top of page
|
|
 |
|
I have acted in commercial mediations
and in employment or workplace mediations in disputes concerning
companies and organisations of all sizes and in all areas of
operation from Government Departments, large charitable trusts, professional firms and
companies with many thousands of employees right down to small firms with only
a few employees. I have also
mediated in disputes between individuals. I have been involved
in numerous mediations as an employment and as a workplace mediator, as an accredited commercial mediator
and as a "non-specific" civil mediator mediating in disputes
between individuals such as neighbours.
The value of disputes I
have dealt with has ranged from many hundreds of thousands of
pounds to some where only a small amount of money was at stake.
In some workplace mediations the monetary value may be of
relatively little significance.
I have also acted
as a representative for parties in mediations.
Contact Erich Suter
Return to top of page
|
|
 |
|
● Liability under a facilities management contract.
Commercial mediation of a dispute
between two facilities management companies.
Issue:
Damages for breach of facilities management contract
Value c £120k
● Organisation wanting to part company with Managing Director
of a subsidiary. Commercial/ employment mediation.
Issues:
payments due on, and damages for, termination of contract.
Confidentiality and post employment restrictions
Value
: c £700k
● Sale of a business agreed to be without employees.
Commercial mediation with employment considerations.
Issues:
Breach of contract for sale between the two companies. TUPE,
unfair dismissal, breach of contracts of employment of the
employees.
Value
c £40k
● Flexible
working claim. Mediation during employment. Employment/Workplace
mediation.
Issues:
Flexible working, sex discrimination, employment continuing*
Value:
c£10k
*NB:
Where the parties have a continuing relationship (eg:
neighbours, employers and employees, those in long-term
contractual relationships, etc) mediation can often help to
maintain those relationships as well as resolving the immediate
issues between the parties - although this is not always the
case.
Contact Erich Suter
Return to top of page |
|
 |
|
Direct
Public Access means that you can come to Park Chambers directly
to appoint an accredited civil and commercial mediator or
an employment
or workplace mediator rather than needing to go through a
solicitor or other intermediary. We do, of course, accept
appointments from solicitors and other intermediaries.
Contact Erich Suter
Return to top of page
Return to HOME page
|
|
|
|
|
|
|
 |
|
The
aim of mediation, whether employment mediation (workplace
mediation as it is sometimes called while employment is
still continuing) or civil or commercial mediation, is to assist
the parties who have a dispute to reach a agreed resolution or
settlement of that dispute.
A
mediator is a neutral third party who is bound by strict codes
of confidentiality which are there to protect any information
which is given for purposes of the mediation. It is the
mediator's function to help the parties to the dispute to try
and reach an agreed settlement to resolve the issues between
them.
NB:
If you have a dispute, or if you have an issue which has not yet
been formalised as a dispute, and you are interested in
mediation but do not know how to approach
the
other party; you may wish to contact us to see if we can
obtain the other party's agreement to mediation.
Contact Erich Suter
Return to top of page
|
|
 |
|
Member of
-
CIArb's
Panel of Commercial Mediators
-
Civil Mediation Council
Listed in the Bar Council's
Directory of
Barrister-Mediators
Also Visiting Fellow of
Kingston University,
School of Law
Contact Erich Suter
Return to top of page
|
|
 |
|
● Property company built on and over party wall part-owned by
the other party. Building work carried out without permission or
notice. Commercial/construction mediation.
Issues: Party Wall etc Act 1996, claims for trespass and
nuisance damages. Injunction to remove offending building.
Neighbours.*
Value
c £65k
● Director termination of employment.
Issues:
Breach of contract. Employment Mediation.
Value
£80k.
● Charges for car repairs against estimate.
Commercial mediation.
Issues:
Breach of contract. Misrepresentation. Relationships already
fraught because of earlier issues between the parties.*
Value
c£12.5k.
● Employers and senior employees seeking to
agree
termination terms. Employment mediation.
Issue: Termination terms, performance to the
termination date
Value
c £300k
● Organisation poached a senior employee from a competitor.
Commercial mediation with employment considerations.
Issues:
Damages for inducement to breach of contract. Injunction to
prevent continued engagement. Breach of contract by employee.
Value:
c£60k
● Employee with extensive sickness record due to
disability wanting to return to work. Mediation during
employment. Employment/Workplace mediation.
Issues: disability discrimination, reasonable adjustments and
capability. Employment continuing.*
Value
c £140k
Contact Erich Suter
Return to top of page |
|
 |
|
In cases where a
mediator has not mediated he or she can
provide representation at the mediation.
(Because of the nature of mediation
and the need for absolute confidentiality and for neutrality; once having acted as
a mediator in any particular case the mediator becomes
automatically excluded from representing either party in any
further action which may be taken in relation to that
matter if the mediation is unsuccessful.)
Contact Erich Suter
Return to top of page
|
|
 |
|
·
"The Progress from Void to
Valid for Agreements to Mediate", to be published February 2009:
(2009) 75
Arbitration
· "Required
Discussion? The Move Towards Enforced Mediation", (2008) 158 NLJ pp
1525-1526
and
1562-1563 (Lexis
Nexis abstract link for Lexis Nexis subscribers)
Contact Erich Suter
Return to top of page
Return to HOME page
|
|
|
|
No need for an "employment solicitor",
"employment solicitors", "employment lawyer" or other "employment lawyers"
|
