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Meet the Mediator with Phillip Howell-Richardson

Our ‘Meet the  Mediator’ feature continues with Phillip Howell-Richardson and will feature a different mediator in each issue. Here the mediators share suggestions on maximising potential for reaching a settlement (in their opinion), strategies they find useful in breaking a deadlock, a mediation they will always remember and some of the changes they have witnessed in the mediation landscape during their time practising in the field.

 

Tell us a little about your background as a solicitor and how this benefits your work as a mediator?

I was a litigation lawyer throughout my career as a solicitor. I started as an advocate in the magistrates and county court where I conducted cases that included crime, from white collar fraud to serious assault, motoring, licensing, landlord and tenant, debt recovery and insolvency for individuals and companies.

At the same time, I also developed a strong interest in personal injury claims which led me to doggedly pursue a paraplegic case to full trial when I secured the largest PI award ever awarded in the UK at that time. That result led to me to being instructed personally by several insurance companies who followed me from Bristol to Cardiff when I joined Morgan Bruce and Nicholas. Within three years of my joining, I had responsibility for the leadership of the litigation group and set in motion the growth of the group to over 400 people. During that process as part of my role I moved from personal injury to commercial litigation and thereafter created a construction group, a banking group and a mainstream commercial litigation group for companies, organisations and people in business.

In this period, I vividly remember acting for a government department and connected agencies for 5/6 years in claims for recovery of significant sums of government monies due to an alleged fraud. At its height 19 concurrent aggressive actions were ongoing in the US and UK in that matter.

I ceased practising full time as a solicitor in March 2005 by which time I had practised for 30 years as a hands-on litigator. I stopped to become a full-time mediator and consultant in ADR and mediation with S J Berwin in London. I am still to this day a non-practising solicitor.

The above experience of people, litigation, law in action, managing and decision making continues to be of enormous help to me as a mediator.

What led you to move into mediation?

What types of cases have you been involved in as a mediator?

What are one or two of the mediator techniques that you find particularly useful in trying to break deadlock?

Disputes can often be quite complex and multifaceted. To what extent do the various elements – such as industry, size of company, jurisdiction of conflict, etc. – play a role in your approach?

Is there a mediation that you will always remember? What difficulties or examples of excellence did it possess and how did you learn from these?

Do you have any tips or suggestions for participants on how to maximise the potential for reaching settlement?

What's the best part of your job?

What changes have you seen in the field in the time you have been practising as a mediator? Have these changed how you mediate?

When you are not mediating what do you like to do?

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