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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Lawyers and the Financial Litigation Tsunami

Abstract

Here is the good news. In a recent survey (Opinion Research Corporation Dec 2008), only 3% of respondents blamed lawyers for the current financial/economic crisis. On the other hand, that may be an indication of how little a role lawyers are seen to play in business strategy and social trends. Or perhaps I should reveal that those questioned in the survey commissioned by the American Bar Association were themselves lawyers and perhaps unlikely to acknowledge any responsibility even if they made a significant contribution. (As perhaps in the Erin Brockowicz film line – “Do they teach lawyers to apologise? Cos you suck at it!”.)

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Author

Portrait image of Karl Mackie CBE
Karl Mackie CBE
Chief Executive, CEDR - Centre for Effective Dispute Resolution, UK

Karl began his working life as a business psychologist, before working for many years in university continuing education and as a negotiation and business strategy consultant. During this time, he qualified as a barrister specialising in dispute resolution and employment law. He became CEDR’s first CEO in 1990, helping create its international standing as lead executive and chief mediator. As CEO, he has actively engaged with numerous multinational corporations, Governments, public bodies, charities and celebrity clients, in Europe, the US, the Middle East and Far East, South America and Australia. He has also held two Visiting Professorships in ADR, and has qualifications in law (barrister), psychology, education and management. Karl is one of the best-known names in commercial mediation practice, and brings both professional commitment and legal and business psychology training to his core practice. He has worked on some of the most complex civil and commercial cases to go through the English legal system, including the first substantial Court of Appeal mediation (NRG), Maxwell Pension Trusts, BCCI, Atlantic Computers, Alder Hey retained organs litigation. Equally at home in lower value or highly personal employment cases as in complex commercial cases, advisers comment regularly on his ability to make everyone feel at ease even in difficult negotiations while getting results. In 2010 he became the only mediator ever to be given an honour by the state, Commander of the Order of the British Empire (CBE), for services to mediation, both developing and delivering it. He is probably the best known commercial mediator in the UK. He is regularly requested to deliver major strategic presentations on negotiation, breaking deadlock and conflict resolution, he has spoken at Law Society and Bar Council annual conferences, CBI, European Commission, Council of Europe, World Bank, and been interviewed for several radio and TV programmes including Today, Business Tonight, BBC Radio Ulster, Radio 5 live (on football manager club disputes), The World at One, BBC TV News, The Moral Maze and Night Waves, as well as being interviewed for the Financial Times. He is the author of numerous articles on mediation in the business and professional press, Karl has also co-authored leading texts in the field including The EU Mediation Atlas, The ADR Practice Guide (3rd ed.) and International Mediation- the Art of Business Diplomacy (2nd ed.), as well as contributing two chapters in Butterworth’s Mediators on Mediation. He has strong experience as a business consultant and in his time with CEDR, acted as Consultant or overseen consultancy to World Bank, European Commission and other international project sponsors on business and civil justice system development, with various sovereign governments and civil justice systems including India, Pakistan, Bosnia Herzegovina, China, Denmark, Holland, Qatar and others. He has also worked with various public bodies (FSA, ACAS), government departments (Business, Health, Transport, Community and Planning, Education, Overseas development, Procurement) and industry associations (railways, retail, motor manufacturers, patent and trademarks, insurance, sports etc.) in the development of dispute systems design. Identified by The Lawyer as one of the top 100 most influential lawyers, and by The Times as “Mr Mediation”. Member of the Advisory Council of the All Party Parliamentary Group on Conflict; Fellow of the Chartered Institute of Arbitrators; an Ombudsman in Euronext Liffe financial services disputes. He has also been Special Professor at the Universities of Birmingham and Westminster; eminent Overseas Judge for 1st South Africa ADR Awards; Former Vice-Chair of Civil Mediation Council and Chief Adjudicator of Ofsted Independent Complaints Adjudication Service since 2009.

Company

CEDR - Centre for Effective Dispute Resolution logo

CEDR - Centre for Effective Dispute Resolution

CEDR is a not-for-profit organisation, and independent service provider, founded in 1990, that innovates and campaigns for better and faster resolution of disputes and promotes negotiation expertise. CEDR’s ground-breaking initiatives raise awareness of the need for more effective leadership – in collaboration and dialogue – and of how to achieve it. CEDR is Europe’s largest independent Alternative Dispute Resolution service, which has, to date, helped over 400,000 parties in commercial and consumer disputes. CEDR is the leading professional negotiation and conflict management trainer and internationally acclaimed for its Mediator Skills Training undertaken by over 9,000 individuals with over 7,000 mediators being granted accreditation. CEDR also consults and trains globally on organisational conflict management systems and Civil Justice reform. CEDR are experts in the resolution of disputes and deadlocked negotiations of all shapes and sizes from small claims to disputes valued in the billions and work with clients from all sectors in many countries around the world resolving disputes quickly and for a fraction of the cost of litigation. As one of the global pioneers of mediation techniques, CEDR offer a variety of different services to assist organisations with the resolution of disputes through negotiated settlements. We offer unrivalled expertise and quality assurance through our case administration, client feedback and peer review to ensure the highest levels of quality and client satisfaction. We operate a number of binding dispute resolution options when organisations need an independent decision provided by an impartial expert. These options are private, quicker and cheaper than court proceedings and can be tailored to the party’s needs. CEDR works in partnership with hundreds of trained experts around the world but our approach is different to others. We take time to get to know the professionals we work with and understand their skills and abilities in order to provide our clients with informed guidance on which professionals to appoint. Our work is exclusively dedicated to improving the way organisations prevent, manage and resolve conflict deadlock.

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