Eileen Carroll

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United Kingdom
English
Mediation Profile

Eileen Carroll is one of the most senior and sought after mediators in practice today with over 20 years’ experience as a full time practitioner. She works with clients across a very broad commercial perspective on claims relating to dozens of different sectors and activities around the world.

 

Her work includes highly complex multi-party disputes valued at up to £1 billion including the Maxwell pensions scandal, PPI misselling, BCCI and British and Commonwealth Holdings. Clients on all sides have praised Eileen’s mediation work as “masterful”, “extraordinary”, “phenomenal”, “above and beyond” and “different and more valuable than other mediators”.

 

The value of her casework in recent years has ranged from £200k up to £100+ million and her clients have included business entrepreneurs, public sector organisations, celebrities, international corporations and sovereign states.

 

“Incredible mind which enables her to get to the bottom of any issue; she is everything you would want in a mediator” she is one of the market’s most popular mediators.“ Clients speak of her incredible patience and resolve, as well as an engaging and constructive manner which can help difficult parties to move more quickly towards resolution. “She led the most effective opening session I have ever seen,” said one instructing solicitor.

 

Eileen is the co-founder of CEDR and recognised as one of the pioneers of mediation techniques in the U.K. In 2013 Eileen was awarded Queen’s Counsel Honoris Causa by the Ministry of Justice for her “outstanding career as a commercial mediator and her unique contribution in establishing mediation in civil justice systems over the last two decades”.

 

Eileen began her career in the international chemical industry before becoming a partner in the city law firm Turner Kenneth Brown (now Nabarro). In over 20 years of practice Eileen worked with multinational corporations and a number of celebrity clients based in Europe, the Far East, India and the United States. She spent 10 years working with North American clients and worked in San Francisco with Thelen Reid Priest before returning to the U.K. to spearhead the creation of CEDR.

Highlights: A dispute where the claimant alleged they had been inappropriately advised by the investment management services of a large bank. The claim involved aspects of warrants, hedge funds and foreign exchange.

An international infrastructure case within the water industry in Middle East.

Claim involving two international parties for the refund of a software licence and project costs and a counter claim by for full fees due under the contract.

A coverage dispute concerning liability of former partners of a firm in relation to an excess remuneration provision.

Breach of contract, insurance and professional negligence dispute.

A claim involving a distribution agreement exceeding the cap on Direct Deliveries and Exit charges between two large UK publishing companies.

Claim in relation to a breach of distribution agreement in connection to a feature length film.

A land development, partnership dispute between siblings involving property ownership, farm assets and the potential serving of a compulsory purchase order from local authorities.

Partnership dispute involving a partner exercising his effective power of veto under partnership agreement clause to stop decisions being made and other internal issues.

A claim involving a tenant of a substantial commercial premises and the break in a lease agreement.

A matter involving liquidation and disclaimer under the terms of a commercial lease for a property being used for leisure and hotels.

Claim for professional negligence in connection with the equalisation of normal retirement dates (NRDs) between male and female members of a staff pension scheme and the requirements of section 37 of the pension schemes act 1993.

A commercial dispute involving a contractual dispute over the manufacturing and late delivery of products.

A claim within the rail industry involving the categorising of franchisees and labour costs. A claim of alleged Breach of Public Contracts Regulations within the Health Sector.

International Distribution contract, Brazil & Swiss parties - approximately €5 Million.

Involving ICT healthcare, intellectual property, competition and data protection. Ongoing contract successfully resolved all issues, claim £500m.

IP rights in regard to the football fixture list. Infringement European design rights, wrongful threats under EU regulations. Claim £2.3m.

Trademark infringement regarding a well-known footwear brand.

Large multi-party coverage claim negotiations to achieve a settlement fund for underlying litigation. Excess £30million.

Professional negligence regarding film financing and tax structures, group actions and claims in liquidations. £12.5m.

Energy sector. Dispute in relation to carbon emissions contract linked to Kyoto Protocol and Europeans Emission Scheme.

Claim by private equity in relation to underlying insurance coverage relating to fire damage.

Claim for alleged negligence in managing a receivership and assets of an international leisure business.

One of Eileen’s most notable strengths is her ability to relate to a wide range of individuals and to build almost instant personal rapport with the parties and gain their trust. Her approach is both facilitative and evaluative and although she believes you have to gain co-operation and trust, a mediator should not shrink from helping the parties re-evaluate their options and strenuous reality testing may be a necessary part of the process. “She manages an excellent balance between gaining the clients’ trust and raises issues for their consideration.” Partner, City Law Firm She is very numerate and will crunch through the numbers and make sense of otherwise complex materials. She is highly intuitive and sensitive and never loses sight of the parties’ own responsibility to decide whether to settle. She is respected for her confidence and strength and has impressed parties with her “judicious use of toughness” to help bridge that last gap while maintaining their trust. Clients also appreciate the time she has taken to read into complex material and use the knowledge to shape a meaningful process. “She does not have one style, she is very adaptable and shifts attitude and tactics quickly – she has a real ability to focus on the result. She has the absolute right balance of tough and soft.”
Eileen has extensive experience in the following sectors: Banking & Finance Commercial Contracts Construction & Engineering Employment & Workplace Energy & Natural resources ICT - Information, Communication & Technology Insolvency Insurance / Re-insurance Intellectual Property Media & Entertainment Partnership & Shareholder Professional Negligence Property Public Sector Regulatory Shipping Sports Tax & Pensions Transport Trusts, Wills & Probate/Family Business Disputes

Starts from £400 per hour for preparation and mediation day and is dependant on case complexity and the number of parties involved.

CEDR Direct Panel

Law Society

IBA

ABA

Member of the Advisory panel of the Conflict Analysis Research Centre (CARC) at the University of Kent

Member of the Council of Distinguished Advisors of the Straus Institute for Dispute Resolution at Pepperdine University, California

Vice-Chair of the International Mediation Institute’s Independent Standards Commission Founder

Chair of Mary Parker Follett Group of International Female Mediators

The following have experienced Eileen Carroll as a mediator and are willing to be contacted for a reference:

Jeremy Sandelson, Clifford Chance - [email protected] Andrew Clark, Allen & Overy - [email protected]
Alan Watts, Herbert Smith - [email protected]
Robert Goldspink, Morgan Lewis - [email protected]

Training and Education

CEDR Accredited Mediator

Henley Management College Accredited Coach

Recent CPD: International Academy of Mediators - Fall Conference 2009

International Mediaton Interest Group - Sep 09

Butterworths Law Conference – Settling employment claims on termination May 09

Kent Business School Programme: Corporate Diplomacy: Negotiation skills for executives operating in today’s volatile global business environment - Apr 09

CPR Annual meeting - Jan 09

Eileen has been involved in training mediators and lawyers as a member of CEDR’s training faculty since the early 1990’s. She has been invited to speak at many international events, including Fordham University, Harvard Business School, OECD, World Bank and has made guest appearances on various Radio 4 programmes and has spoken on numerous platforms in Europe and North America. Eileen regularly delivers lunchtime seminars on mediation and negotiation techniques in-house for law Firms, most recently for Mayer Brown, CMS Cameron McKenna; Lewis Silkin, Beachcroft; Berwin Leighton Paisner.

Publications

Co-author of “International Mediation – The Art of Business Diplomacy”, (Tottel, 2006) Contributor to Butterworth’s’ Mediators on Mediation (Tottel, 2005) Author of many articles on ADR

Compliance

CEDR Code of Conduct for Mediators

CEDR Complaints Procedure

Professional Indemnity Insurance - AIG Up to £5m

Contact
Eileen
Carroll
Eileen Carroll
+44 (0) 207 536 6012
+44 (0) 207 536 6001
Centre for Effective Dispute Resolution
70 Fleet Street
London
EC4Y 1EU
United Kingdom