Peter Vinden

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Bermuda, Cayman Islands, United Kingdom
English, Spanish
Mediation Profile

Peter is the Chief Executive of The Vinden Partnership a Management Consultancy which he set up in 1994 to advise clients involved in the holding and development of land and property assets. His practice is regarded as being one of the UK’s most successful multi-disciplinary practices. Peter is continuously engaged as an Adjudicator, Arbitrator, Expert or Mediator and is listed on all the major professional panels in the UK and Europe. He has in depth knowledge of commercial disputes and he is described as “bold and fearless” by those parties who instruct him.

Since registration in 2001, Peter has been involved in excess of 200 mediations completed with an extremely high rate of party settlement including multi-party, multi-issue, disputes. He trained in London, Rome and the USA, and describes his mediation style as being totally committed, robust and realistic; adopting an evaluative approach where a facilitative approach to the mediation is likely to result in a failure to settle.

Dispute Experience – Selection of recent cases (Arbitrations, Adjudications and Expert Determinations shown in italics)

Construction and Property

• Hotel project delays, main contractor extension of time, loss and expense claim and damages. Value £1m (Mediation)

• Curtain walling dispute over critical delay, extension of time and loss and expense. Value £100k (Mediation)

• Disputed piling sub-contractor’s final account including extensions of time and loss and expense claim. Value £750k (Adjudication)

• Contractor employer dispute over cost of refurbishment of domestic house. Value £150k (Mediation)

• Dilapidations at lease termination. Value £65ok (Mediation)

• Plastering, suspended ceilings and disputed dry lining final account, delays and set-off. Value £1.5m (Adjudication)

• Design defects in football stadium, liability and costs of rectification. Value £2m (Mediation)

• Dispute final account on combined concrete and structural steel frame building on large office buildings. Value £750k (Mediation)

• Extension of time and loss an expense claims on large apartment scheme in city centre. Value £3.5m (Mediation)

• Final account value of runway construction for MOD project. Value £1m. (Mediation)

• Claim for loss of support from adjoining excavations work, local authority emergency demolition order, cost of replacement structures and consequential. Value £1.25m(Mediation)

• Final account value of final account for stonework and brickwork to new supermarkets. Value £800k (Adjudication)

• Defects in new build houses, rectification works, liability and cost. Value £950k (Adjudication)

• Delay and damages claim for late completion of hotel project. Value £1.5m (Mediation)

• Boundary wall collapse, causation, liability and costs. Value £150k (Mediation)

• Extension of time and loss and expense on London hotel project. Value £750k (Adjudication)

• Defects and disputed final account in refurbishment of vacant terraced housing to provide new social housing. Value £300k (Mediation)

• Disputed final account on structural steelwork and cladding elements of stadium. Value £850k (Mediation)

• Final account dispute over payment of variations and loss and expense on major cold store project. Value £1.3m (Adjudication)

• Design, workmanship and material defects in new design and build pre-school nursery. Claim for rectification and loss of income. Value £750k (Mediation)

• Planned and re-active maintenance quantum dispute on large term contract for inner city social housing site. Value £2m (Adjudication)

• Contractor’s extensions of time and loss and expense claims on major convention centre. Value £5.5m (Mediation)

• Park fountains, lakes and external works quantum and value dispute. Value £1.5m (Mediation)

• Mechanical and Electrical quantum dispute, counter claim for delay and damages. Value £800k (Adjudication)

• Contractor’s extensions of time and loss and expense claims on green visitor’s centre. Value £400k (Adjudication)

• Class action, house owners and plc house builder, quantum of defects. Value £2m (Mediation)

• Electrical rewiring of city centre car park and shopping centre. Value £750k (Adjudication)

Engineering

• Tunnelling collapse, liability and costs. Value £2m (Mediation)

• Electrical component failure, control rooms, water treatment plant. Value £750k (Mediation)

• Mechanical and Electrical compensation events claim on major university clean room project. Value £3.5m (Arbitration)

• Piling design, failures and costs liability. Value £1.2m (Adjudication)

• Breakdown of re-conditioned paper making machinery. Value £350k (Mediation)

• Final account of major civil engineering infrastructure works. Value £9m (Adjudication)

• Directional drilling claims for additional costs and compensation events. Value £5m (Mediation)

• Mechanical and Electrical defects in student accommodation, delays and damages for late handover. Value £850k (Mediation)

• Yorkshire schools roof replacement programme, quantum and value. Value £250k (Arbitration)

• International dispute, engineering castings, title, licence to use, claim for damages, basis of contract, jurisdiction issues, substantive law. Value £2.5m (Mediation)

• River diversion, permanent sheet piling, quantum and value dispute. Value £950k (Adjudication)

• University clean rooms and fume cupboards installation defects and claim quantum. Value £2m (Mediation)

• Design and construction of sewage control silos. Quantum and value dispute. Value £1.5m. (Adjudication)

• Inner city re-roofing programme for local authority. Quantum and value. Value £3m (Adjudication)

• Design and manufacturing defects in an industrial carwash. Claim for rectification and loss of income. Value £150k (Mediation)

Infrastructure

• Bridge failure, remedial works, negligence and damages. Value £700k (Mediation)

• Failure of harbour retaining walls, design liability, costs of rectification. Value £15m (Expert - Quantum)

• Failure of concrete retaining structures on major sewerage plant. Value £6.5m (Expert - Quantum)

• Directional drilling claim quantum, fibre optic cable positioning and access chambers. Value £1m (Mediation)

• Major Scottish sewer renewals and associated services, claim quantum. Value £8m (Adjudication)

Professional Negligence

• Fire damage, causation, liability of insurers, quantum and contributory negligence. Value £450k (Mediation)

• “Home buyer” survey, property defects and over valuation. Value £75k (Mediation)

• Architect’s incorrect certification of interim certificates and practical completion. Value £1.5m (Mediation)

• Defective engineering design of underpinning scheme to inner city refurbishment project. Value £3.5m (Expert – Quantum)

• Over certification by Architect, contractor insolvency, damages. Value £300k (Mediation)

• Claim for negligent architectural and structural engineering services provided on large design and build of flagship building for large plc. Value £8m (Mediation)

• Over valuation of office buildings, multiple property claims. Value £3.5m (Mediation)

• Claim for unpaid fees met with allegation of negligent cost planning and bills of quantities preparation on significant university project. Vale £2m (Mediation)

• Negligent contract administration, loss of liquidated damages. Value £150K (Mediation

Land

• Multi-party land contamination and remediation schemes. Value £7m (Mediation)

• Break up of land holdings, disputed valuations over planning gains and boundary treatments. Value £650k (Mediation)

• Land purchase, contract price fixing after deduction of abnormal costs. Value £125m (Expert Determination)

• Boundary dispute, land grab, acquired rights, compensation for loss of use. Value £1m (Mediation)

• Overage valuation of property enhanced by planning change of use. Value £750k (Mediation)

• Boundary dispute, retaining wall failure, loss of support compensation an access for repairs. Value £150k (Mediation)

Energy & Natural Resources

• Transportation costs of nuclear and other contaminated wastes. Methodology and cost. Value £2.5m (Mediation)

• Poor performance of PV panels, costs of installation and payback claims. Value £500k (Mediation)

• Planning dispute, siting of wind farm, property blight. Value £3m (Mediation) Banking and Finance

• Breach of Asset Based Lending facility (“ABL”), fraud, loss of funds, call of personal guarantee. Value £450k (Mediation)

• Hedging products, wrongful selling, claim for repayment of charges and interest. Value £250k (Mediation)

• Claim for losses flowing from external underwriting of facility initial percentage and facility terms. Value £250k (Mediation)

• Plant and machinery finance dispute, conversion of charges assets, personal guarantee calls and creation of constructive trusts. Value £150k(Mediation)

• International dispute, confidential invoice finance, relevant place of jurisdiction, true contracting parties, credit insurance. Value £750k (Mediation)

Employment & Workplace

• Employment dispute, alleged wrongful dismissal. Value £50k (Mediation)

• Workplace conflict, harassment and nepotism. Value N/A (Mediation)

• Employment dispute, breach of partnership agreement. Value £500k (Mediation)

• Negotiation of newly appointed directors service agreement and shareholder agreement. Value N/A (Mediation)

• Partnership dissolution, equity split and client allocation. Value £1.5m (Mediation)

• Shareholders dispute, structure break up of subsidiary companies, disputed valuations and treatment of asset disposal. Value £2m (Mediation)

Information Technology

• Multi party telecoms dispute on infrastructure costs. Value £1.3m (Expert Determination)

• None performance of bespoke software claim, failure to comply with specification, damages. Value £750k (Mediation)

• Design defects in system hardware and software, disputed consultant invoices and counter claims for damages. Value £250k (Mediation)

• Claim for replacement and loss of income. Failure of EPOS system in night club. Value £350k (Mediation)

Whilst Peter is comfortable working in facilitative mode he is not afraid to adopt a more evaluative approach when needed, to break deadlock and achieve a deal for the parties. The following client comments are typical of the client feedback he regularly receives. Feedback • “Our practice has used Peter as a mediator on a number of occasions. He has always been thoroughly prepared for the mediation and immediately commands the confidence of the parties involved. We particularly like Peter’s drive and enthusiasm. Certainly if there is a solution to be found Peter will do his utmost to find it. Peter is also very pleasant to deal with which is very important in a lengthy mediation.” • “Peter is clearly intent on finding the means to a settlement and he employs his experience gained within the construction industry in a practical, pragmatic and calm manner for the benefit of the disputing parties.” • “You (Peter) approached the mediation with a sound tactical and incisive method from the outset and steered the parties to a solution that I believe both found sensible and commercial. I will have no hesitation in using your services again.” • “Many thanks for your assistance in resolving a dispute which had every potential to become an expensive piece of litigation where the costs would have been entirely disproportionate to the amount in contention.” • “Honest, straight and to the point. Gave the right information to the parties for them to decide.” • “Very good at summarising strengths and weaknesses of each party. Very knowledgeable and experienced.” • “Grasped and understood the problem issues very quickly.” • “Innovative – disclosed personal guarantee and suggested a VAT point that were both very effective.” • “(Strengths were) …… clearly seeing the opportunities for settlement and not getting side-tracked.” • “Excellent communication skills – excellent ability to pose both strengths and weaknesses of (our) client’s case” • “Calmness under difficult circumstances” • “…level headedness and communication ….” • “Well-run, clear meeting objectives, enjoyed the experience.” • “Thank you for your efforts in ensuring that the whole process was a success.” • “We would like to thank you for your help ….. and ….. bringing our account to a swift and amicable resolution.” • “Early grasp of issues, great integrity and genuine interest in seeing the dispute settled • “..determined to keep us, our advisers and…………. focused on looking forward and not in the past”

Areas of Mediation Expertise • Banking & Finance • Commercial Contract • Shareholder disputes • Construction & Engineering • Energy & Natural Resources • Employment & Workplace • Property • Insurance • Land Disputes • Professional Negligence Mediation Style Parties repeatedly select Peter for his mediation style which is best described as creative, totally committed, robust, and realistic. He will not hesitate to adopt an evaluative approach to a mediation where a facilitative style is likely to result in failure.

As a guide to fees Vinden typically works on the UK equivalent rate of £2,500 per 8 hour day plus travel and hotel expenses.

CEDR-Solve, ADR Group, Clerksroom, RICS England and Wales, Chartered Institute of Arbitrators, Technology & Construction Solicitors Association, Northern Association of Mediators, Construction Conciliation Group, Federation of Master Builders, Northwest Mediation Solutions, RICS Scotland, Consensus Mediation, Expedite Resolution, International Academy of Dispute Resolution (USA), Cayman Islands Dispute Board.

Training and Education

IDRS/Globis Workplace & Employment mediation - London 2010

ADR Group - Mediator training and accreditation - London 2008

Harvard Mediation for Attorneys - Boston 2007

MATA Advanced mediator training - Rome 2002

CEDR Advanced negotiation training - London 2000

CEDR Mediator training and accreditation - London 1999

Peter is the UK Convenor for Mediators at The Chartered Institute of Arbitrators and sits on the Panels Management Group at The Chartered Institute of Arbitrators.

He is listed on the following Mediation / Adjudication / Arbitration Panels

The Royal Institution of Chartered Surveyors

The Chartered Institute of Arbitrators

London Court of International Arbitration

The Technology and Construction Solicitors Association

RICS Scotland

Construction Industry Council

Publications

A £24 Billion Secret

Access to Juctice - Compulsory Mediation For All?

Chaired Solutions - A New Kid on The Block

Difficult Conversations, Hostage Negotiation and Mediation

Getting to Yes in Negotiations

Last Ditch Mediation

Mediate the Adjudication

Preparing for Mediation

Stop Gambling and Try Mediation

Success in Mediation at Any Cost - A Tale of Caution

What is Mediation?

Understanding The Human Psyche and The Need to Fight

Ignore and / or refuse an offer to mediate at your peril and cost!

The Last Hurdle - The Devil and The Detail

Damaging Reputations and Relationships

Damages Based Agreements, Cost Management Orders and Mediation

For other articles and publications visit http://www.vinden.co.uk

Compliance

IMI Code of Professional Conduct

IMI Professional Conduct Assessment Process

Royal & Sun Alliance - £5,000,000

Contact
Peter
Vinden
Peter Vinden
00 44 1204 362888
00 44 7801 021000
Managing Director
Regent House
Folds Point, Folds Road
Bolton
Lancashire
BL1 2RZ
United Kingdom