Mediator Profile - Carolyn Graham

"Excellent result achieved for both parties."
Solicitor

Profile Summary

An experienced civil and commercial mediator and former company Director, Carolyn applies skills learnt at the sharp end of doing business and managing people and combines commercial instincts with an intuitive approach and natural people skills.

Since 2006 Carolyn has worked solely as a mediator, facilitator and trainer in dispute resolution and conflict management. She works across the private, charitable and public sectors and has conducted multi-party mediations, team disputes, telephone mediation, time limited mediation and union/management facilitation.  In addition to her work as a commercial mediator Carolyn spent many years mediating community disputes in the London boroughs of Hackney and Tower Hamlets.

Full Profile

Carolyn is a CEDR accredited and registered mediator who, since qualifying in 2002, has conducted over 90 mediations across the public, private, charitable and community sectors with a value range of £1,000 to £6 million. She sits on the mediation panels of several of the UK's leading mediation providers and has mediated alongside some of the most accomplished mediators practising today. She has experience of multi-party, team disputes, telephone mediation and time limited mediation.

Personal Style and Feedback

Carolyn is a calm and clear thinker, who can quickly help parties get to the heart of what’s important. Not afraid to challenge, she encourages parties to confront the key issues and supports them with a common sense approach that encourages realistic settlement on sensible and commercial terms.

"Has good instincts about what matters and what is going on between teams and parties." Client

"A very straightforward approach which never obscured the way ahead an left both parties able to decide on an acceptable resolution." Solicitor

"Built rapport very well." Solicitor

"She is very friendly but quite firm and is good at keeping everything right on track." Client

"She didn’t shy away from the really difficult issues and truly mediated allowing us to lead the discussions where we needed them to go." Client

"Asked pertinent questions…really helped move us forward." Solicitor

"I just wanted to say thank you from the bottom of my heart for providing the mediation and support last week, I cannot express to you enough how it has helped me." Client

"Thank you for the way in which you presented the case and conducted it from the outset and which, I am sure, was of help to both lay clients in this case." Solicitor

"Mediator was extremely professional. Encouraged confronting issues and supported the discussion to ensure it was constructive." Client

"Excellent at letting us talk as we needed to, but also not letting us leave a subject without some kind of resolution." Client

"She was empathetic and by keeping the situation calm and diffusing the emotions, a situation that could have been very distressing for both parties was avoided." Solicitor

"Achieved the right balance of control and flexibility to make us feel that we were working within a structure and yet still had enough control ourselves to take it in the direction we were comfortable to go. She also had a very calming influence on everyone there." Client

"Very good result for all parties." Solicitor

"A very straight forward approach which never obscured the way ahead and left both parties able to decide on an acceptable resolution." Solicitor

"Carolyn was very fair and experienced.  She used excellent listening and reflecting skills and helped us consider the options from the perspective of the other party." Solicitor

"As a means of finding common goals and moving forward, I cannot praise this process highly enough. It is amazing, it’s not a case of winning or losing, it’s a case of moving forward – something that I was previously unable to do." Client

"The process was facilitated well, asking challenging questions that helped us explore the conflict in a different way." Client

"Did a great deal to put us at our ease throughout the process." Client

"Dealt with the authority problems really well." Solicitor

"I was impressed by the ability of the mediator to grasp and summarise the essence (and the undertones) of what people were expressing." Client

"I was impressed by the ability of the mediator to grasp and summarise the essence (and the undertones) of what people were expressing." Client

"Showed real regard for everyone in the room which truly helped have a balanced discussion." Client

"Showed real regard for everyone in the room which truly helped have a balanced discussion." Client

"The mediator had the ability to separate personal values from the issues under consideration to maintain neutrality. She was able to understand power imbalances." Client

"I was impressed by the way these discussions led to actual outcomes and set actions to be carried out and followed up at the next session…..Since the mediation there has been a marked improvement in communication between the management and workforce and their reps." Client

"I was impressed by the way these discussions led to actual outcomes and set actions to be carried out and followed up at the next session…..Since the mediation there has been a marked improvement in communication between the management and workforce and their reps." Client

Professional Background

Carolyn has over 25 years’ experience as a businesswomen in the Arts & Entertainment industry working in both the commercial and not for profit sectors including for fourteen years as Director at London's Southbank Centre. Areas of particular experience include budgeting and financial management; contract and co-production negotiation; organisational development and change management; union/employee negotiations; internal/external stakeholder liaison and all aspects of staff management (including appraisal, training, disciplinary, recruitment, mentoring) and team building.

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Dispute Resolution Experience

Banking/Corporate Finance/Business to business

• Dispute between a US based company and a UK based executive recruitment agency regarding disputed levels of commission monies due on an 'introduced' candidate.
• Dispute between two company directors and the outgoing Chairman regarding equity shares due on sale of company

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Charities

• Team mediation between 19 staff from one department of a major UK charitable organization
• Mediation between two colleagues working for national charity, one returning from long term sick leave and where there had previously been allegations of bullying and issues of poor performance
• Mediation between executive director and Chair of Board of medical charity regarding disputed length of fixed term contract and terms for its renewal
• Mediation between head of department and newly appointed line report working for animal conversation charity following disputed extension of probationary period

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Commercial/Business

• Dispute between decorating company and a homeowner claiming negligent damage to property
• Dispute between a US based company and a UK based executive recruitment agency regarding disputed levels of commission monies due on an ‘introduced’ candidate 
• Dispute between sports equipment manufacturer and PR consultancy regarding breach of contract/non-delivery of services due
• 3 way dispute between a building construction company, a garage and a construction worker regarding non-payment and poor workmanship
• Mediation between legal firm and former client regarding non-payment for services rendered
• Breach of contract dispute between owner of video business and former chairman and finance director regarding latter’s entitlement to remuneration package/share of proceeds on sale of business
• Breach of contract dispute between hotelier and company responsible for refurbishment programme
• Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered
• Dispute between two property management companies regarding non-payment of rent, repairs and maintenance
• 2 day team mediation involving management, staff and union representatives following take-over of local manufacturing organisation by global enterprise
• Mediation between union representatives and management of large scale manufacturing company to re-establish relationships  following months of turbulence and strike action.

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Community

• Mediations involving noise, harassment, anti-social behaviour, pets, boundary disputes, children, parking and disputes where cultural and generational differences contribute to the conflict.

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Education

• Post grievance mediation between a University and a senior lecturer regarding allegations of unfair treatment under the disability discrimination act
• Mediation between two staff members in a primary school where complex personal relationships and issues originating outside of the workplace (including multiple criminal investigations and prosecutions and involving several other family members) had resulted in total relationship breakdown and mutual allegations of harassment within the workplace
• Team mediation between 12 University lecturers where relationships and trust had broken down
• Mediation between two senior staff in Special Needs school
• Disability discrimination claim by student against university following lower than anticipated scores in final exams
• Mediation between four colleagues working in a refugee student support unit within a University
• Mediation between a University Departmental Director and his deputy to help re-establish working relationship following unsuccessful grievance taken out by the latter against the former

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Housing Landlord/Tenants

• Dispute between UK landlord and former tenant, now resident in the US, regarding non payment of rent
• Dispute between housing association and tenant regarding levels of compensation due following flood damage to property
• Dispute between landlord and tenant regarding a disputed rental over-payment

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Individual to Business

• Dispute between home owner and design/project management consultancy regarding alleged non payment of design and project management fees for home extension and proposed new spa/garage buildings.

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Media, Sports and Entertainment

• Breach of contract co-production dispute between Scandinavian TV company and UK film production company
• Dispute between actor (with both union and legal representation) and agent regarding royalties deducted from overseas earnings
• Copyright dispute between songwriter/record producer and a former band member claiming co-authorship of song (subsequently recorded by top selling artist) and entitlement to ensuing publishing and recording royalties
• Alleged breach of contract between actor and theatre company where the actor thought he’d been verbally offered an engagement but the theatre company, not
• Dispute regarding non-payment of royalties between author and famous TV personality and publishing company
• Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered

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Partnership/Shareholder/Joint Venture

• Dispute between two partners and friends regarding division of assets on dissolution of partnership
• Dispute between two former partners regarding alleged breach of fiduciary duty and breach of intellectual copyright
• Mediation between joint
• Dispute between two partners following the joint purchase, refurbishment and sale of a property
• Dispute between two company directors and the outgoing Chairman regarding equity shares due on sale of company

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Property

• Dispute between UK landlord and former tenant, now resident in the US, regarding non-payment of rent
• Dispute between housing association and tenant regarding levels of compensation due following flood damage to property
• Dispute between landlord and tenant regarding a disputed rental over-payment
• Tenant/Landlord dispute with tenant seeking damages for disrepair and an order for remedial work
• Mediation between property developer and tenant seeking costs and damages for trespass following court ordered surrender of possession of property from developer to tenant

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Public Sector

• Breach of contract dispute between public sector funding body and regeneration consultancy
• Mediation between government department and former employee claiming compensation for alleged disclosure of confidential information
• Trust hospital where relationship breakdown was seriously impacting on productivity of department and consequently, on financial stability and credibility or organisation

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Other Dispute Resolution Experience

Neutral Chairing and Facilitation

Carolyn is an experienced neutral chair and facilitator who helps devise and run effective meetings. Her experience extends from small group meetings lasting a few hours to substantial sessions conducted over several days. She helps organisations clarify objectives, identify priorities and keep focussed on delivering effective outcomes. Carolyn brings strong people and process management skills, a mediator's impartiality and analytical clarity to any situation, making communication and ultimately decision making easier.

Experienced at handling complex group dynamics, Carolyn is highly skilled in facilitating meetings where feelings are running high and where strong differences in opinion need to be surfaced, safely, in order that discussions can move forward constructively and consensus achieved.

• Independent Chair of Board AGMs and Board Away Days for wide variety private, public and charitable sector organisations
• Chair of AGM with 70 Shareholders of Estates Management Company where decision needed to be made regarding scheduling and funding of large scale refurbishment programme
• Chair of extraordinary general meeting of board members of creative industries organisation where relationships between individual directors and between directors/CEO/Chair had broken down to decide future of board memberships and future direction of company
• Chair of annual board away day for Poole Arts Centre
• Chair of series of meetings between 12 elected representatives of a wider trade organisation to help them prepare for collective union negotiations
• Chair of departmental meeting within non-public departmental body to discuss how to improve working practises and departmental/organisational efficiency
• Chair of round table meeting between several officers of Hackney council, two officers from the local police force and a local resident wishing to discuss an alleged mishandling of her complaint to the Council’s complaints procedure

Organisational Away Days

• Co-Facilitator of ‘think tank’ away day for global renewable energy NGO to identify future strategic priorities
• Facilitator of Away Day for Communications Cluster of International Charity designed to deliver team engagement in organisational strategic plan and communications strategy
• Facilitator of Away Day organised by publishing arm of trade association to engage members in identifying industry requirements for future publications

Union Experience

Throughout her time at the Southbank Centre, Carolyn was involved in union discussions (at both local and regional level) and was part of the 4 person management team that, during a 5 day residential negotiation at Ashridge, agreed with the unions the redundancy programme and renegotiated terms and conditions for all staff consequent upon the RFH closure for redevelopment in 2006.

Since then Carolyn has trained numerous union staff in workplace mediation skills, has designed and  delivered two day mediation skills training courses for the union representatives of a national membership organization (healthcare) and has conducted both commercial and workplace mediations where union members have been present.

She also facilitates union/management negotiations – most recently between union representatives (Unite) and management of large scale manufacturing company following months of turbulence and strike action.

Training

As well as her mediation and neutral/facilitation work, Carolyn delivers a wide range of in-house and open access training, seminar and workshop activities in mediation, dispute resolution and conflict management.  Current training courses include: Workplace Mediation Skills (2 days); Mediation skills for the Occupational Health Professional (3 days); Managing Difficult Conversations (1 day);

Resolving Conflict with the Customer (1/5 or 1 day); Conflict Resolution skills (1 day); Partnering for success (1 day).

A passionate advocate for the greater use of mediation skills within the workplace, she is a regular speaker on the benefits of mediating conflict and is increasingly being invited to create bespoke mediation skills training programmes for specific sectors and professions.

Conference Speaking includes

• 2014 Workshop Facilitator at ACAS Symposium Employment Relations & ADR:

Alternative Perspectives 

• 2013       Speaker at Economic & Social Research Council  conference ‘Managing Conflict and Resolving Disputes: Synthesising Research, Practice and Policy’

• 2012       Speaker at ‘Health and Wellbeing’ conference at NEC on use of mediation in managing sickness absence

• 2012       Speaker at IAPOS (International Association of Physicians for the Overseas Services) conference on use of mediation in managing sickness absence

 Other

 Contributor to Law Society’s book on mediation ‘Making mediation work for you. A practical handbook’ as one of 2 workplace mediation experts providing answers to FAQs.

Assessor of delegates for Consensio’s OCN accredited Workplace Mediation Training. 

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Dispute Types - Case Summaries

Commercial Contract

• See above

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Employment and Workplace

Discrimination/Pre-post tribunal

• Pre-tribunal race discrimination claim by employee of international IT company
• Pre-tribunal mediation between company and employee claiming unfair dismissal and TA reservists’s protected right to reinstatement
• Post ET claim by senior partner of international company for damages for wrongful dismissal
• Pre-tribunal discrimination claim (on grounds of transgender and disability) brought by staff member of national consultancy firm on long term sick leave

Bullying, Harrassment, Disciplianry/Grievance,

• Mediation between 2 remote team members of an International company: a senior manager based in Holland and a UK based direct line report over allegations of bullying and in order to help the line report reintegrate back into the workplace after stress related sickness absence
• Mediation between two staff members bringing mutual grievances against each other for breach of confidentiality, harassment and abuse of authority

Performance Management, Sickness absence

• Mediation between manager and line report in NHS trust hospital regarding issues of performance management and allegations of failure to follow due management process
• Dispute between Employee and Bank regarding arrangements for return to work following one year internal secondment and 6 month sickness absence

Relationship breakdown

• Mediation between non-executive CEO and her secretary to help reintegrate the secretary back to her original department after relationship breakdown and subsequent 6 month secondment to another department
• Mediation between joint CEO’s of a theatre company where the relationship had broken down amidst highly emotional and mutual allegations of bullying and intimidation
• Mediation between two colleagues to help re-establish professional relationship after personal, out of work  relationship had broken down irretrievably
• Mediation between two orchestral musicians where relationship had broken down midst allegations of bullying and poor performance

Team conflict

• Facilitation between  Head of Department and 4 senior directors of tv broadcast and production company during time of great organisational change
• Facilitation between regional team members of non-governmental public body in order to improve individual working relationships and better ensure consistency of operaiton
• Team mediation involving 10 GP’s, recently amalgamated from 3 separate practices into one group practice
• Facilitation between 5 members of Bank Secretariat team where relationship had broken down 

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Wills/Probate/Family Trusts

• Mediation involving nine family members regarding the mutual inheritance of a property abroad where some family members wished to retain the property as a family holiday home, some to run the property as a commercial concern, and some to sell
• Mediation between mother and daughter regarding disputed division of financial assets following the death of the husband/father.
• Dispute between twin brothers regarding disputed will of deceased mother.
• Interpersonal dispute between trust members
• Dispute between Mother and daughter regarding the transferring of  £36K from mother to daughter’s account and the signing over of house into daughter’s name

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Skills and Interests

Carolyn has a working knowledge of French (‘A’ level and London Chamber of Commerce & Industry ‘Intermediate’ level). She is a CIPD qualified facilitator and is CMI trained in designing and delivering training.

Out of work interests include Arsenal, singing in the choir Eclectic Voices, and collecting jewellery.

 

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