Mediator Profile - Gillian Caroe

"Gillian has a natural ease and confidence in the role of the mediator - superb communication skills."
Client

Profile Summary

Gillian has been involved in successful mediations in both the public and private sectors since 2004. She works throughout the UK as a commercial mediator drawing on skills acquired through a career in international business.

Gillian heads up ACM's internal professional development and also designs and delivers external training in mediation and conflict resolution. Clients have included solicitors, barristers, HR Managers, charities, large organisations and CIPD. Her workshops on "Mediation for Lawyers" have been accredited by The Law Society.

Gillian's commercial mediations have covered diverse sectors including construction, manufacturing, media, pharmaceutical, charitable, governmental, banking and insurance. She has also mediated neighbour disputes including boundary and building issues.

Mediations she has been involved with have ranged from resolving relationship breakdown in the workplace to multi-party international cases worth over $50 million.

Full Profile

Gillian's mediation experience dates back to 2004 and since then she has been involved in successful mediations in both the public and private sectors. She works throughout the UK as a commercial mediator drawing on skills acquired through a career in international business with one of the world's top companies.

Accredited formally by CEDR in 2005, her skills and qualities have been recognised by a number of organisations who have invited Gillian to act as a lead mediator on their panels. In addition, she is a founding member and Director of The Association of Cambridge Mediators where she has responsibility for training and professional development.

As well as being an experienced trainer and mediator, Gillian has also been asked to use her skills as a neutral in independent interventions such as assisted stakeholder dialogue, brokered talks, independent review and relationship building. She has been praised for her ability to facilitate meetings that resolve interpersonal difficulties where constructive ongoing relationships are vital. She has experience of multi-party and team disputes and brings great tact and reassurance when dealing with highly sensitive issues. She is a featured contributor to The Spirit at Work Phenomenon (Azure 2004) and has been invited to speak about mediation on BBC Radio.

Personal Style and Feedback

Feedback on Gillian's style praises her natual ease, her superb communication skills and her ability to bring people to their senses and not to their knees. She prefers to use a facilitative style but can easily adapt to circumstances and has particular skill in disputes where the parties have a need or desire to restore relationships. Comments include:

"I felt in safe hands." Client

"You again performed admirably in settling a dispute that I felt was unlikely to settle.
" Solicitor

"Helped reach agreement in a very tricky and politically sensitive matter." Client

"Your services were very much appreciated and, should I need a mediator again, you will be top of my list!" Solicitor

"I felt heard and understood - thank you." Client

"Displayed impeccable discipline during the mediation process." Client

"She has a very gentle, and yet professional style, which creates trust and rapport very quickly. Her non-judgemental and empathetic listening skills are second to none." Client

"My initial attitude to mediation was very negative. However - I was very surprised at how very productive it was." Solicitor

"Exceptional." Client

Professional Background

One of Gillian's strengths as a mediator is her knowledge and direct experience of business issues. Gillian's business career has been built on a proven track record in Sales and Marketing, New Product Development and HR with one of the world's top businesses. This influences her determination to help parties find commercially valid and creative solutions.

Through UK, European and Global HR roles, Gillian established a successful track record across a wide range of Employee Relations issues. She was responsible for delivering, to diverse client groups, a complete HR service including succession planning, recruitment, redundancies, disciplinaries, grievances and dismissals.

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Dispute Resolution Experience

Banking/Corporate Finance/Business to business

• Dispute between well-known global bank and high-profile insurance company.
• Claim arising from alleged non-payment of invoices between two high-street motor businesses.
• Breach of contract claim between food manufacturer and packaging sub-contractor.
• Breach of contract claim between a car dealership and car manufacturer.
• Breach of contract case between a tyre manufacturer and a national tyre fitting company.
• Breach of contract claim between a recruitment consultancy and a global engineering firm.
• Dispute between former employee and global bank in relation to an alleged overpayment following redundancy.
• Breach of contract claim between a recruitment consultancy and a high street enterprise.

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Charities

• Directors of charity in dispute about management of funds.
• Dispute between co-workers affecting performance and morale.
• Bullying and harassment claim between a trainer and course delegate.
• Claim for unfair dismissal by former director of a charity.

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Construction and Engineering

• Breach of contract claim between homebuilder and sub-contractor.
• Dispute between a homeowner and a builder about an extension.

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Insurance

• Insurance company claimed damages from a bank following early termination of a policy.

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Media, Sports and Entertainment

• Discrimination claim brought by a former employee of large media organisation.
• Mediation between a sports club and a member whose relationship had broken down.  

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Partnership/Shareholder/Joint Venture

• Dispute between co-owners of a pub about termination of partnership and ensuing financial implications.
• Mediation between two former partners of a property business regarding unpaid rental income and beneficial interest.
• Dispute between two owners (brothers) of an international business facing bankruptcy who had previously not been able to agree on the terms for an IVA.

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Property Planning and Environment

• Breach of contract claim between firm of chartered surveyors and client.
• Boundary dispute between two neighbours over usage, surfacing and measurements of a shared access area.
• Breach of contract claim between a landlord and tenant where tenant was seeking damages because of alleged disrepair.
• Dispute between two neighbours over boundary, privacy issues and threatening behaviour.
• Breach of contract claim between a landlord and tenant in a prestigious residential area in central London.
• Dispute between two neighbours over a contested boundary which also gave rise to a harassment claim.
• Dispute between a school and an individual landowner regarding ownership of a piece of land including adverse possession.

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Public Sector

• Long-running dispute between government department and former employee.
• Dispute between city council, county constabulary and organisers of a major event over public nuisance issues.
• Long running dispute between members of a Parish Council.

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Public Sector Healthcare

• Mediation between a senior clinician and NHS Foundation Trust over bullying and harassment claims and a sexual discrimination claim. 
• Mediation between a senior clinician and NHS Foundation Trust over a long-term exclusion based on allegations of professional misconduct.

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Scientific Research, Biotech and Pharmaceutical

• Discrimination claim brought by senior manager of a high profile pharmaceutical company.

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Dispute Types - Case Summaries

Employment and Workplace

• 8 weeks before a four-day Employment Tribunal for a racial discrimination and victimisation case, the parties from a blue chip company decided to mediate in order to save preparation time and costs.
• Senior female Manager from a top FTSE 100 business resigned and claimed unfair dismissal citing a recruitment process felt to be sexually and racially discriminatory.
• Joint Directors of a small company in dispute over alleged mismanagement of company funds. Mediation was the preferred route to resolve the situation in order to keep the matter as private as possible.
• Two senior managers of a large FMCG company had a very public (and bitterly personal) fall out which was impacting on productivity and team morale. They were encouraged to resolve it as quickly and amicably as possible and mediation was suggested as a good solution.
• A team of 6 volunteers at a local charity were in dispute over a number of issues and communication had ground to a virtual halt such that the vital service they offered was negatively impacted. The Board of Trustees encouraged them to try mediation to explore and resolve their differences.
• A delegate on a year-long leadership development programme run by a well-known organization accused one of the course leaders of bullying and harassment. Mediation was considered an ideal way to resolve delicate inter-personal issues in a confidential and safe environment.
• Former Director of an inner-city charity was claiming unfair dismissal. Religious and racial issues were involved and mediation enabled the parties to resolve sensitive and personal matters in what had been a very volatile situation.
• Relationship breakdown between two managers which was threatening the success of a global IT programme for a large international business. Key issues were identified and addressed and both parties agreed a constructive way of working going forward.  Both parties were surprised about and delighted with the positive outcome.
• Workplace mediations: Gillian has facilitated a number of successful interventions where conflict in the workplace was having a detrimental effect on morale and productivity. Issues were clarified and resolved before litigation was initiated, saving the businesses time and money and helping individual employees to re-engage with the business and colleagues.

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Wills/Probate/Family Trusts

• Three-party dispute between the youngest child of the deceased, her two half-sisters and her stepmother. Mediation offered all parties the chance to explore and resolve very personal issues in a safe environment.
• A claim arising from alleged mismanagement of funds in the family business begun by a son of the deceased against his mother, sister and younger brother. Pre-mediation communication had been hostile and personal. Mediation allowed the family to agree a route forward that helped them to get on with their lives again.
• Dispute between uncle and nephew about the estate of deceased grandmother which had been ongoing for some years.  Other family members were involved to varying degrees and despite the acute interpersonal difficulties a solution was agreed.
• Mediation between two former co-habitees who wished to have a facilitated discussion about the allocation of house sale proceeds (£1.5m) and chattels.  The agreement covered all aspects of a financial settlement as well as addressing other issues relating to the relationship break up.
• Dispute between two brothers over their mother’s will.  The mediation not only dealt with diverse financial issues but also enabled agreement on personal items which would not have been addressed at trial.
• Claim between partner and daughter of a man who died intestate regarding financial provision and personal items.
• Dispute between two brothers over a father’s will.  The parties were helped to reach a financial settlement and also to agree a strategy for restoring relations that had completely broken down during the litigation process.
• Mediation between a separating husband and wife who wanted to ensure that an acrimonious split was avoided.  The mediation covered all aspects of a division of assets including finances, the process (and proceeds) of a house sale and chattels.
• Mediation between extended family members and the partner of an individual who died intestate.
• Dispute between two former lovers one of whom had brought a claim for loan repayments and return of various personal items.

 

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Other Dispute Resolution Experience

• Gillian has mediated a number of community disputes on a voluntary basis

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Skills and Interests

Gillian has a degree in Modern and Medieval Languages from Cambridge University and speaks competent French and fluent Italian. Outside of work she enjoys hiking, tennis and drinking wine in the country of origin.

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