remain a popular option post-pandemic. Lawyers have recognised that the process can and does work effectively online, although it may be the case that certain types of disputes lend themselves more readily to an online process. What is quite apparent, though, is that lawyers and clients enjoy working and mediating remotely. This is not the place to go into the details, but there are a variety of reasons why remote mediations have proved popular. Chief amongst these is simply that it works. For many years now I have offered lawyers the opportunity to book me via my website for a mediation in the same way we all book a table at a restaurant. My objective is to make booking me for a mediation as simple as possible, so my website offers complete transparency on fees, a ‘real-time’ online diary and a booking request facility which has proved to be extraordinarily popular. The website also includes a full CV and, inter alia, a collection of mediation practice tips which (where time permits) I email to an ever-increasing number of contacts. Can you tell us about one of your most challenging mediations? One of the most challenging mediations I remember was a multi-party mediation relating to claims brought by the main contractor against a structural engineer, and the proceedings of which also involved a steel fabricator. The dispute related to major structural problems in the steel frames of five car showrooms erected in different parts of the UK for a major automobile sales network, which involved a premium car manufacturer. In one case, catastrophic failure of the showroom structure had occurred and fatalities had only narrowly been avoided. Extensive rebuilding and remedial works were required across all sites and the costs of these, together with business interruption losses, were sought. The total claims were for more than £60 million. The mediation involved consideration of complex contractual issues, expert evidence going to causation and two mediations within one as the structural engineer and fabricator sought to blame each other. Ultimately, an agreement was reached between the structural engineers and fabricator which then facilitated an agreement with the main contractor. The agreements were entered into on the day after a 15-hour mediation process. Very significant costs had already been incurred, but the savings in future costs up to and including to trial amounted to around £2.5 million. Allowing emotion and managing this calmly means that the parties feel respected and listened to. Contact Colin Russ Colin David Russ t/a CDR Tel: +44 07816 782434 E: colin@colindavidruss.com www.colindavidruss.com About Colin Colin Russ is a leading, independent commercial mediator. He is a topranked mediator in Band 1 of the Chambers and Legal 500 Guides for 2023. Prior to setting up his mediation practice in early 2000, Colin was Head of Litigation at the Birmingham office of global law firm DLA (later DLA Piper). In the last 22 years he has since built a thriving, independent commercial mediation business. Colin’s clients include many of the UK’s leading law firms, who call upon his considerable expertise in high-value multi-party mediations, often involving complex multi-issue disputes. 24 LAWYERMONTHLY JANUARY 2023
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