Complex Mediations
Jeremy was accredited as a commercial mediator by CEDR in 2007 and now heads up FTB's Arbitration & Mediation Group. He is committed to the merits of mediation as a form of ADR, capable of resolving potentially complicated and expensive disputes in a fraction of the time and cost that would usually arise from traditional litigation. Mediation also has the benefits of being client-led, potentially confidential between the parties and offering an almost infinite range of solutions, far beyond those that could ordinarily be derived from a court.
Jeremy is also a member of the Bar Council Pro Bono Participant and/or Paid Participant Mediation & Expert Databases.
Since then he has specialised, in particular, in devising larger and more complex mediations such as a multi-party multi-issue mediation which he devised arising from the Business & Enterprise Select Committee (BESC): Relationship Between Pub Companies and Lessees – Seventh Report of Session 2008-09. He has also been involved in the successful and speedy resolution (both as mediator and mediation advocate) of major environmental litigation, as well as smaller property disputes, though such an approach.
Case Study & Testimonials
Mediation used to resolve major City centre environmental dispute –
Major Unitary authority v Food/Flavourings Manufacturer
Jeremy was instructed in a complex, long-running and highly-charged dispute about noxious odours from a substantial city-centre manufacturing business. An appeal against a statutory abatement notice had already been listed for a minimum of 8-days. The numerous disputes before the court included disclosure, access, data protection, climatological conditions and historic records.
The magistrates' court is arguably ill-suited to resolving issues like these. To avoid substantial fees for all the parties Jeremy proposed the case be resolved through mediation. The District Judge readily agreed. Jeremy devised proposed terms of reference and circulated a list of potentially suitable mediators. As the mediation advocate, he secured a detailed and comprehensive settlement agreement and avoided what were potentially extremely lengthy and costly civil proceedings for all involved.
"Jeremy Phillips is meticulous, measured and pragmatic in his approach. He's a skilled mediator. I have the utmost confidence in his ability and approach. I've worked with him in a highly contentious and high profile industrial statutory nuisance prosecution. Jeremy recommended mediation and his attention to detail during the subsequent three days of mediation which involved both commercially sensitive and highly technical issues was very impressive. His skills helped to achieve resolution in what had been a difficult and fraught situation."
Helen Dawson, Local Government Solicitor
Land-owner v Regulator
Jeremy was instructed to act as mediator in long-term dispute between a substantial landowner and an environmental regulator. The dispute concerned allegations of failed flood-defences and consequent damage suffered by an historic Grade II Listed Building. Working with both parties, he identified the principal cause of the continuing dispute, achieving an outcome which satisfied all parties.
"Jeremy acted as mediator in a claim arising from flood defence works carried out by a predecessor body of [the regulator]. From the outset, it was clear that Jeremy had a detailed understanding of the issues in dispute and provided clear, pragmatic input which enabled the parties to reach a commercial agreement."
Senior environmental solicitor
ELB is a new blog that seeks to provide insights, updated and commentary on developments in environmental law and policy. From the Environment Bill to climate litigation, ground-breaking domestic and international cases to developments in environmental policy, ELB will endeavour to cover the issues that matter most for those working in, and affected by, environmental law.
New Environmental Law Blog post: Statutory nuisance – and the power of mediation… by Francis Taylor Building's Jeremy Phillips KC and Horatio Waller