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This Digest has been prepared by Heather Allen, Commercial Mediator and Head of the CEDR Training Faculty, in line with IMI guidelines. Style Jane continues to mediate regularly and fulfils her role as an assessor on the CEDR faculty. She is also active within both the IBA and the IMI institutions for the promotion of mediation internationally. Jane is also a practicing litigation lawyer with a busy practice and values her role as counsel to ensure she stays in touch with instructing counsels’ needs. Jane’s own mediations involved some interesting disputes to include resolution of a complicated banking dispute arising out of the Irish banking crisis which involved a multi day mediation in Ireland. Jane was also involved with a high profile media dispute which resulted in a positive resolution for all parties involved. Jane continues to mediate in both the energy and the technology sectors since her move to King & Spalding and in particular has been instructed by a number of household telecommunication and IT corporates who come to her direct for her mediation services. A recurring theme in Jane's feedback is her endless energy. Yet again, in 2013, this observation was made. Most recently one principal in a mediation mediated by Jane said “Jane’s proactivity and people skills were key to enabling the process to reach settlement”. Another quote said "In my experience figures and offers don't kick off until well after lunch and then progress into the early evening before settlement can be contemplated. Jane has such enthusiasm for the process, spurred on by an impressive settlement success rate, that she kicks in at this point to keep the parties negotiating when others might give up and go home. This is what sets her apart. She doesn't give in." This is important where increasingly requests are for a proactive evaluative style of mediation. Jane’s tenacious approach reaps rewards in terms of settlements some parties thought impossible to achieve. It is also evident from feedback how well Jane works with advisors to parties in mediation. Words such as "highly constructive", "greatly adding to the process" and "quick to pick up on reality testing and questioning" are used. Jane has an ability to build an easy relationship with both the principals and their advisors such that they quickly share confidence with her, allowing her to add value to the process. Comments received were that her manner and style were "calm and understanding of the client's concerns but firm and in control at all times". Jane has particularly received good feedback from parties and their advisers that “she has a very inclusive style and recognises the role the advisers plays in the Mediation”. One year, Jane was involved in an international mediation where one party’s experience of mediation was not as deep as the other’s – the feedback received was “she held our hands in a very measured and neutral way”. Last year one adviser observed “Many mediators understand the legal issues but Jane combines this with the emotional intelligence that can be the difference between a wasted day and a successful outcome”. Jane is clearly passionate about the development of mediation more widely. She therefore gives up her time willingly to participate on the teaching faculty at CEDR and regularly attends the CEDR Direct breakfast meetings and other service provider workshops as well as the IBA to explore ways in which mediation can be further developed and expanded. Project mediation is one such area where Jane has been actively involved. Her passion is equally evident in the way in which she works at mediations, quickly grasping the key legal issues and working alongside the parties to bring about a resolution. Jane regularly explores techniques to both improve her own skills and influence others. One feedback said "Jane has a bright, brisk and friendly manner. She sets a good pace at the plenary session and then gets really stuck in on the parties to get to the heart of the dispute. She is good at pointing out the strengths and weaknesses of arguments in play and is prepared to suggest lines of thought to work around problems. She is very good at winning the trust and confidence of the party she is dealing with which is key. This enables her to be very tough without making the client feel victimized. She is excellent at getting to grips with the commercial and legal issues and when thrashing things out becomes part of the team so that her comments are taken constructively. When she leaves the room to go into the enemy room you feel like she is on your side and has all the points on board. She probably then does exactly the same with them." Another this year said “Approachable, can do, personable, patient and thoughtful”. One lawyer added “She strikes a good balance between empathy with our client and the harsh reality of litigation”. Preparation The feedback reports show that Jane spends considerable time in preparation and takes seriously the job of preparing fully prior to a mediation day so she arrives armed with a detailed knowledge of the dispute in question with a grasp of both the commercial and the legal background and this is significant in building parties' confidence in her as mediator. Parties said they felt she had really understood the issues at stake, both legal and commercial. Process Management This year, one feedback said “Jane had a thorough approach to the mediation and she was also highly practical … extremely professional in using her mediation skills and able to retain the confidence of our client in the mediation process in difficult circumstances”. Jane's background involves managing a number of litigation lawyers within her international group at King & Spalding and she is fully able to maintain control and momentum within a mediation day. It has been commented in the feedback that Jane's ability to create energy when there are lows during the day has been extremely powerful, and she is also able to use the periods of non communication or silence during mediations to useful effect. One summarising quote was: "Obviously a very good lawyer, excellent interpersonal skills, a really warm and likeable person - a great asset to the mediation community." This summary represents a fair and balanced view of the responses received. Heather Allen, Commercial Mediator.
This feedback digest was last updated 29 July 2014.
This feedback digest was last updated 29 July 2014.