Dispute Resolution Group
The Guernica 37 Group is uniquely placed to offer quality dispute resolution services across the globe. The Group has members from a number of legal jurisdictions, covering all the main common law and civil law jurisdictions. This unique blend of professionals allows us to offer expertise in the national law of many countries, as well as international law in most major cross-border subject areas.
The Group consists of professions from a wide range of disciplines, including lawyers, doctors, engineers and social scientists who are qualified to help clients in international, cross-border and domestic (UK-based) disputes. Our ethos involves taking a socially committed and multi-disciplinary approach to disputes with an emphasis on protecting the rights of individuals and businesses in a demanding global market.
Our social commitment focusses on an ethically oriented approach to resolving disputes in the most appropriate way for the disagreement in question. A one-size fits all approach simply does not work. Disputing parties deserve a bespoke approach, being alive to the commercial and practical needs of clients. We recognise that more than one resolution method may be necessary, either in parallel or in sequence.
The key is to ensure that disputes are resolved as quickly and fairly as possible, keeping the process costs low.
Our multi-disciplinary approach allows parties to select the right combination of professionals to assist in resolving disputes. This approach helps where (as is often the case) a dispute includes technical or industry specific as well as legal issues.
Services
The Group offers the following services:
A choice of neutrals across a range of methods and disciplines.
Advice and representation in resolving particular disputes.
Advice on dispute processes within organisations.
Advice on appropriate resolution methods for particular disputes.
Neutrals
Our neutrals are specialists in their areas and hold a wealth of knowledge around how disputes can be resolved. You can find more information about them here:
Toby Cadman
Cam Wareham is an Arbitrator and Mediator with significant experience in the provision of Expert Opinion and Resolution of Disputes, specialising in medical and life sciences matters. He combines 20 years of clinical experience within an academic background and formal legal qualifications to provide an in-depth understanding of the issue, operating with a fair and balanced approach when issuing a decision on merits or assisting parties to resolve their dispute.
Anastasia Medvedskaya
Ian Whitehurst is a senior counsel, arbitrator and lecturer in law (holding several honorary academic positions and having lectured in the US, Canada, Ireland) who has many years of experience of dealing with complex criminal and regulatory law cases both on a national and international level either as an advocate or in an advisory capacity. He specialises in serious organised crime, trans national fraud, asset tracing, bribery, corruption and cyber related offending.
Derek Auchie
Professor Auchie is an experienced dispute resolver, lawyer and academic with a deep understanding of how disputes arise and how they can best be resolved. He has chaired evidential hearings in over 700 cases and has csae managed hundreds more. He has been appointed as a sole arbitrator, and an arbitral chair in commercial cases as well as a mediator in commercial, employment, family, neighbour and education disputes. Derek has taught the law and practice of dispute resolution to thousands of students in a 20 year academic career. As a lawyer, he represented hundreds of clients in the civil and criminal courts.
Jack Sproson
Ian Whitehurst is a senior counsel, arbitrator and lecturer in law (holding several honorary academic positions and having lectured in the US, Canada, Ireland) who has many years of experience of dealing with complex criminal and regulatory law cases both on a national and international level either as an advocate or in an advisory capacity. He specialises in serious organised crime, trans national fraud, asset tracing, bribery, corruption and cyber related offending.
Ian Whitehurst
Ian Whitehurst is a senior counsel, arbitrator and lecturer in law (holding several honorary academic positions and having lectured in the US, Canada, Ireland) who has many years of experience of dealing with complex criminal and regulatory law cases both on a national and international level either as an advocate or in an advisory capacity. He specialises in serious organised crime, trans national fraud, asset tracing, bribery, corruption and cyber related offending.
Their experience as professionals and resolvers applies in the following areas:
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Business & Human Rights
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International Crime & Fraud
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Proceeds of Crime & Asset recovery
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Commercial Property
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Personal Injury
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Health Law
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Medical Malpractice
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Employment
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Sports Law
Our Neutrals can help parties to resolve their disputes using the following methods:
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Mediation : a non-binding method of finding a mutually agreeable solution to a dispute with a legal and/or non-legal focus.
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Arbitration : a binding and enforceable method of deciding a solution to a dispute with a legal focus.
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Expert Determination : a binding and enforceable method of deciding a solution to a dispute on a technical matter (for example in energy, IT, engineering).
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Early Neutral Evaluation (ENE) : a non-binding assessment of the prospects of success for a party (or a joint assessment for all parties), with (if desired) suggested settlement terms.
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Investigations : a non-binding fact-finding exercise within/between organisations in order to inform outcomes and solutions for individual issues and/or organisational policy.
If you would like to speak to someone about any of our Neutrals, contact Mark Cornell, Senior Clerk on: markc@guernica37.com
Following initial contact with our Clerks, a dedicated member of the DR team would be happy to contact you to discuss your needs further.
We offer parties and counsel a complimentary initial discussion of 15-20 minutes to understand the process which best suits the parties need.
Services related to arbitration
We have devised our own set of arbitration rules that promotes a prompt, well-managed arbitral process, should the parties agree on their application.
We can also provide a neutral arbitral tribunal secretary (clerk to the tribunal) for a dispute.
Advice and Representation
Members of G37’s Chambers have experience of providing advice and representation across the globe and in a wide range of judicial and non-judicial fora. All main types of legal system are represented within our organisation.
We represent clients in all main resolution methods: litigation, mediation, arbitration and expert determination.
We can offer advice alongside your locally based legal team, bringing a specialist and/or international, fresh perspective.
If you would like to speak to someone about any of our Neutrals, contact Mark Cornell, Senior Clerk on: markc@guernica37.com
Following initial contact with our Clerks, a dedicated member of the DR team would be happy to contact you to discuss your needs further.
We offer parties and counsel a complimentary initial discussion of 15-20 minutes to understand the process which best suits the parties need.
Dispute Process Advice (DPA) Service
You could drastically reduce the risks of disputes arising in your organisation by adapting your internal processes. Our team knows why and how disputes arise, and they can use that experience and expertise to help you to avoid them, or reduce their impact when they arise. Adaptations could take place in your contracting practices, communication, structure or policies.
Our team are on hand to help you to be proactive in the disputes fields, not just how to react when a dispute does arise.
For more information about our DPA service, contact Mark Cornell, Senior Clerk on: markc@guernica37.com
Dispute Method Advice (DMA) Service
Which method(s) should be used to resolve a particular type of dispute when it arises?
Which methods should be included in a dispute resolution clause in a particular type of agreement?
When can a different method to that specified in an agreement be used?
We can help you to answer these questions, with bespoke, experienced advice. We can provide this service as part of a wider advice package or as a stand-alone product.
If you would like to know more about our DMA service, contact Mark Cornell, Senior Clerk on: markc@guernica37.com