ADR
Since setting up my own practice in 2004, I have worked as both practitioner in the area of Technology Law and also as dispute resolution provider in the same area. I have become an experienced mediator of disputes in what could broadly be called the technology arena, taking in commercial and intellectual property disputes with a technology focus. I am on the CEDR-Solve panel of mediators for IT/IP disputes. I also act in a decision-making capacity, frequently acting as adjudicator/arbitrator. I have been an adjudicator in the CISAS Scheme, hearing disputes in the electronics and communications industry for a number of years.
I bring to any dispute my years of experience in advising on and acting in disputes, as well as a commercial understanding grounded on my work for clients in a non-contentious capacity, skills which have won me acknowledgements - Chambers Guide to the Legal Profession called me "good news" on the most complex of matters.
I am also receptive to the use of technology where this might assist in efficient handling of a matter: I joined the Technology Sub-committee of the Chartered Institute of Arbitrators when it was formed in 2010 with a remit to examine and report on the use of IT in alternative dispute resolution.
Experience
I have experience as mediator in some 50 cases now, and have acted as adjudicator/arbitrator in over 100 cases.
The following are some examples of work where I have acted as a mediator.
Telecommunications and IT
- Multi-million pound mainframe software licensing dispute with allegations of breach of licence terms leading to substantial sums claimed by way of damages
- Software development and licensing dispute where the remaining dispute concerned areas of future cooperation
- Termination of software development agreement against multi-million pound claim for damages by the user
Intellectual Property
- Dispute concerning contract for the development of a prototype of a novel retail item and claims concerning termination and damages
- Software and licensing dispute where the matters in dispute concerned areas of future cooperation
- Breach of licensing agreement between major US software supplier and major City bank with multi-million claims for unpaid licence fees
Supply of Good and Services
- Termination of major national distribution agreement with large claims and counterclaims concerning the unravelling of a long relationship and the appointment of a replacement
- Rental of warehousing area with associated services which led to a dispute over differing interpretations of the service provision and payment clauses
- Dispute arising out of agreement to transport and store electrical apparatus after alleged negligence caused loss to the apparatus
I have been appointed as an arbitrator in a matter concerning an outsourcing dispute, as well as an expert determiner of a contractual dispute. He is one of the adjudicators on the CISAS panel hearing disputes in the telecommunications sector. He has issued decisions in over 100 cases.
Personal style and feedback
I have received positive feedback from his mediations:
"Richard quickly established a good relationship with my clients based on a thorough understanding of the issues and was able to steer the negotiations to a successful conclusion. His friendly personality helps to ease things along and stops things getting bogged down."
General Counsel, major City of London bank
"RS was brilliant! I was extremely impressed. He was extremely good at what he does and a nice bloke too, which always helps. I would not hesitate to recommend him."
Partner, law firm acting for software developer client
"Richard combines top-notch legal skills with a keen feel for how negotiations are going. He was always ready to think of new ways of getting things back on track and got us to a conclusion the client was very happy with."
Partner, City law firm representing user in dispute over licensing fees
Updates and White Papers
15 Apr 2011
Mediation has emerged in recent years as a useful tool for resolving sometimes intractable disputes. If you have a looming dispute, then this 10 Minute Guide will give you the basic background for understanding mediation and its strengths and weaknesses.
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15 Apr 2011
Legal professional privilege is an important right and one coveted by other professions as they give advice: but does it apply to non-lawyers when they give legal advice?
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19 Oct 2010
This case in the High Court has confirmed that the English courts will not order pre-action disclosure in support of arbitration.
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23 Aug 2010
Alternative Dispute Resolution (or "ADR") has become very popular of late for resolving or heading off disputes, but it has to be said that many just use the term to mean mediation. In fact, there are many varieties of ADR and this White Paper sets out the main types and lists their characteristics.
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23 Aug 2010
The case of Braceforth Warehousing v Mediterranean Shipping looked at a point not really covered before: when does an expert determination start for the purposes of the law of limitation? The judge also looked at the very important point of whether the law of limitation actually applies to expert determinations.
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