Mediator Profile - Chula Rupasinha

"Mastered the evidence in advance…quickly gained our confidence and that of our client. He managed the process with quiet authority....moving the parties effectively to settlement."
Solicitor

Profile Summary

After 32 years with the police Chula retired as a Superintendent: while serving he developed an expertise as a crisis negotiator and it was that inclination and skill-set that led him to commercial mediation.

Chula conducted his first commercial mediation in 1999 and has now built up a broad experience having successfully mediated a variety of disputes ranging from High Court mediations (property) to pre-action workplace disputes (medical profession).

He is an experienced international trainer teaching mediation, negotiation (commercial and hostage) and specific inter-personal skills.

Full Profile

First appointed to CEDR’s training faculty in 2001 he is now working as ‘lead faculty’ on their flagship mediation skills course. In addition to CEDR courses, he designs and delivers training throughout the world to governmental and corporate entities specialising in crisis negotiation and is practised at coaching for a range of micro skills, for example in ‘listening’ and ‘influencing’ skills.

Personal Style and Feedback

As Chula’s career profile might suggest he has the ability to be assertive when required and yet knows that clients really do have the best insight into their own disputes. He now prefers to use his skills to help parties think through strengths, vulnerabilities, risks and opportunities for themselves. 

"Parties briefed such that they knew what to expect." Instructing Client

"Prepared with great attention to detail." Solicitor

"Quickly gained our confidence and that of our client." Solicitor

"Managed the process with quiet authority focusing on the key issues effectively moving the parties to settlement." Solicitor

"In the event of something similar I would want to have help from Chula to reach a satisfactory solution." Party

"I was not confident that it would settle, but …. you managed to assist the parties in bridging the gap." Solicitor

Professional Background

Chula enjoyed a diverse police career leading both operational and policy teams in a variety of contexts and disciplines. He also worked as a recruit instructor, change manager, as a panel member on discipline boards and was twice seconded to the Home Office. He developed a number of specialisations including hostage negotiation, public order (the policing of demonstrations), counter terrorism strategy and his final role was as a de facto negotiator drawing the military in to support the policing plan for the London Olympics. He was security vetted to the highest level.

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Dispute Resolution Experience

Banking/Corporate Finance/Business to business

• Complaint of non-payment for shop signage: proceedings issued.

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Commercial/Business

• Allegation of incorrect advice by a solicitor pertaining to a winding-up petition.

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Housing Landlord/Tenants

• A lodger claimed a beneficial interest in property and obtained a charge at the Land Registry preventing sale of same: proceedings issued.
• Housing association dispute with a tenant.

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Partnership/Shareholder/Joint Venture

• Several heads of claim and counter claim between franchisor and franchisee: proceedings issued.
• Alleged removal of funds from a business with directors counter suing each other: proceedings issued.
• An instance of false representation leading to business failure and commercial loss.
• An instance of false representation in a sale of a business leading to a claim of compensation.

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Property

• Claim of misrepresentation and negligent construction of house driveway: proceedings stayed for mediation. 
• Allegation that defective engineering equipment was fitted to a new-build dwelling: proceedings issued.
• Allegation by bank of negligent valuation of properties by surveyors: proceedings issued.
• Planning dispute and a disagreement over a right of way.Compulsory purchase and dispute concerning the appropriate compensation.
• A dispute within a community group about the fair division of property (land).

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Public Sector

• Complaint by police officer that he was not allowed to enter an internal promotion process due to race discrimination.
• Allegation of discrimination due to sexual orientation and disability by a police staff member.
• Complaint by worker that she was being marginalized to force her resignation.
• Action brought by Trades Union member that his own union had, without authority, withdrawn his race discrimination claim.
• A dispute following a car accident where proceedings were issued for damage caused.

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Public Sector Healthcare

• Allegations of incompetence within surgical teams.

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Transport/Energy

• Dispute concerning the supervision of a pilot and the maintenance of safe flying standards. 

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Other Dispute Resolution Experience

• Numerous kidnap, siege and suicide intervention cases (UK and international).
• Consumer disputes Eg Complaints and disputes arising from the conduct of funerals.
• Neighbour disputes; allegations of criminal damage, excess noise and other community disputes.

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Dispute Types - Case Summaries

Banking/Corporate Finance/Business-to-Business

A financial institution lent money secured on a property and the borrower defaulted. The property was repossessed and sold however the funds raised were insufficient to cover the loan and the lender claimed negligence on the part of their surveyors. The surveyors for their part denied the allegation, negotiations stalled and the matter opened at court: following an adjournment the matter was referred to mediation where liability was hotly contested (claim value c£150,000). The mediation featured expert witnesses and detailed consideration of costs. A tough negotiation ensued and was ultimately settled in a little over a morning.

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Employment and Workplace

A supervising professional with the responsibility to maintain standards and ensure a safe operation formed the view that one of his team was ‘not up to standard’. The subordinate took offence and declared that she would fight to the last to safeguard her reputation, take actions to undermine funding and intimated worse* moreover for her own part she counter claimed that proper supervision procedures had not been followed. Public safety, personal and organisational reputations were all at stake and this cocktail made for an intense pre mediation phase.  On the [mediation] day however, despite heart-felt and strong convictions, it proved possible to generate a face-saving outcome which involved inter alia, an independent assessment, further training, and individuals giving certain undertakings. (* Owing to the sensitive nature of this case the sector and implied threats are omitted.)

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Property

A home owner was sued by her ex long–term lodger who asserted that he had acquired a beneficial interest in her property by virtue of DIY work undertaken and promises given. When the home owner declined to share a proportion of the value of the house (c£40,000) the claimant instituted proceedings and succeeded in putting a charge on the property preventing sale. Proceedings were instigated and time-limited court-based mediation undertaken. The parties remained at odds over the facts and the mediation was a hard fought facilitated commercial negotiation which led to a mutually acceptable agreement.

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Skills and Interests

Chula regularly flies sailplanes, motor gliders and light aircraft. He is an experienced instructor holding a British Gliding Association Full Category Instructors’ rating, is a flying instructor coach, he holds CAA qualifications to teach for the National Private Pilots’ Licence and to examine for the issue of Radio Telephony licences.

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