Bill MarshConsultant Mediator
“…Thought that Bill was great…fantastically on top of the documentation…He understood the human issues on the claimant’s side and was very sensitive. Understood financial aspects, as well as legal aspects…” (Solicitor, largest medical negligence claim in UK history) |
 |
Solicitor "One of the greats"
The Legal 500 “Strongly recommended for major commercial mediations” . |
|
|
Mediation Experience ...
William (“Bill”) Marsh is one of the UK’s most experienced commercial mediators, and has been involved full-time in mediation since 1991.
Independently rated by Chambers Directory as “…one of the greats…”, Bill Marsh has successfully mediated a wide cross-section of commercial disputes, both in the UK and internationally, involving disputes and parties in numerous countries including UK, France, Switzerland, Belgium, Greece, Lebanon, Tunisia, West Africa, USA, Canada, Australia, Japan, China, Russia and South Africa. Parties have included individuals, private companies and firms, public companies, public bodies/authorities, and national governments.
Bill Marsh's mediations cover a broad cross-section of commercial disputes. They range from relatively modest to multi-million pound in value. They include disputes in banking, corporate acquisitions, commercial contracts, sport, insurance and reinsurance, shipping, professional negligence, medical negligence, partnership, shareholder/company law, passing off, information technology and telecommunications, construction, and employment.
Chambers Guide to the Legal Profession 2002-3
- “One of the greats”
- “Charming, sensible and realistic”
- “An experienced player known for his “great and gentle” style”
- “Knows how to deal with the non-legal issues as well”
- “Rated for his excellent reality-testing and risk analysis”
- “Clients are particularly impressed by his ability to handle high emotions”
Chambers Guide to the Legal Profession 2003-4
- “Compassionate and wise”
- “Straightforward and commercial”
Clients' Feedback on Bill Marsh's performance as a mediator include:
“Your tenacity was much appreciated and was a major contributor to us resolving the matter” (Solicitor, shareholders action)
“I am in no doubt that your input, ideas and energy helped to keep the parties talking throughout a difficult and challenging day (and evening, and night!). We will certainly look for an opportunity to work with you again as a mediator” (Solicitor, world-wide trademark infringement dispute)
“[Our client] is very pleased to have settled the claim and most impressed with your help in achieving that” (Solicitor, professional negligence/banking claim)
“I do not believe that the settlement would have been achieved without your skilful, persistent and patient intervention” (Solicitor, 6 party pensions dispute)
“Thank you for all your efforts in bringing this matter to a satisfactory conclusion from both sides point of view. It was something of an unusual case which, without your skill and judgment, had the potential to go horribly wrong…my clients have specifically asked me to thank you” (Solicitor, international banking claim)
“I left [the mediation] admiring both your skill and fortitude” (Counsel, Share option dispute)
“Thank you for your skilful handling of the mediation and for your success in guiding the parties to an entente cordiale” (Paris-based lawyer, international multi-million pound IT dispute)
“…write to say how impressed I was by your mediation skills…From being somewhat sceptical about the mediation process, I have become a convert and will be recommending you to my colleagues” (Counsel, share option and employment dispute)
“Very pleased with Bill Marsh. He had a strong ability to keep things moving, and always kept calm in the face of strong-minded parties on either side. This did not appear to phase him and he kept things moving along at a good pace ”. (Solicitor, multi-million pound credit-trading dispute)
“ Most of the credit for the settlement must go to you for your skilful handling of the parties..”
“ Thank you for your patience and perseverance…I am certain that we would not have got there without your very significant contribution…”(Solicitors, US$53 million international fraud claim)
“..The negotiation phase was when he really got into his own…and was most effective”
“ Bill was brilliant…” (Solicitors, multi-party, multi-million pound acquisition warranty dispute)
“…Very good…patient…”
“…extremely impressed…(and) now a bit of a mediation convert…having been (before the mediation) a bit sceptical about how effective it would be in a civil fraud case…”
“…Thought Bill Marsh was excellent – he had a very hard job to do, dealt with everyone very fairly, took time to go through everything with them and was very thorough…”
“…glowing reports of the mediator…”
“…Thought Bill was excellent and did a good job…”
(Parties and lawyers, 9 party commercial fraud case)
“… expressing my appreciation for the way in which you conducted the mediation. It really was remarkable how such a bitter dispute was resolved in such a satisfactory way”
(Solicitor, shareholder dispute)
“…Bill was excellent. I have seen him mediate before and was impressed again. He has an excellent touch, firm, calm, courteous and trustworthy. He has a great combination of elements and controls the day with ease. I will use him again…” (In-house counsel, re-insurance dispute)
“ Thank you for your extremely hard work yesterday in resolving the financial obstacle between the parties at the mediation..” (Solicitor, UK commercial fraud claim )
“…Thought that Bill was great…fantastically on top of the documentation…He understood the human issues on the claimant’s side and was very sensitive. Understood financial aspects, as well as legal aspects…” (Solicitor, largest medical negligence claim in UK history)
“It was a pleasure to work with you” (Solicitor, European motor racing dispute)
“[His] reality-testing and risk analysis were excellent”
“Very user-friendly and realistic”
“A pleasure to work with”
“Excellent at summarising and re-directing parties”
Cases which are in the public domain
- Long running dispute between Dame Shirley Porter and Westminster City Council
- Disputed take-over of Brighton & Hove Albion Football Club
Banking
- Various investment disputes
- Fraud claims
- Debt recovery claims
Commercial contract cases
- Claim concerning Russia commercial agency agreement
- Numerous disputes between telecoms companies
- Middle East/US/UK pharmaceutical business claim
- Polish distribution agreement dispute between US and Belgium companies
- English/Japanese dispute concerning distribution of luxury brand goods
- £2million oil futures dispute between international bank and African state-owned energy utility
- £35million open-cast mining dispute
- Dispute concerning construction of Middle Eastern power station
- £3million claim against UK rail operator by French systems manufacturer
- Claim by US listed company against North African distributors
- Claim against French machinery manufacturer by UK companies and finance houses (4 party)
- Dispute between a household name food producer and a distributor
- Several local authority waste disposal contract disputes
- Dispute over property development rights
- Termination of franchise arrangements
- Claim against national newspaper regarding confidential information
Commercial fraud
- 9-party £2million commercial fraud case
- £60million international banking fraud claim (4 party)
- US$53million international fraud claim
- Multi-party and two-party UK fraud claims
- Multi-national asset-tracing claims
Company/shareholders
- Numerous shareholders actions (both two party and multi-party) including:
- share valuations
- share option agreements
- minority shareholder (S. 459) actions (two- and multi-party), up to £40million in value
- “misleading prospectus” claims (including a 6-party claim)
- Numerous breach of acquisition warranty claims:
- involving listed companies
- UK , French, Canadian, and others
- two- and multi-party
- ranging up to £32million in value
- Credit-trading disputed equity stake claim
- Disputed shareholder rights following take-over
- Break-up of family business disputes
Construction and Engineering
- Various claims relating to delays, defective design issues, engineering machine manufacture, construction of plant, etc
- Dispute over design and operation of high-tech defence equipment
Employment
- Senior executive employment disputes (usually coupled with disputed share options/valuations disputes, bonus disputes, S. 459 petitions, restrictive covenants, etc)
IT
- £12million claim by listed oil company against its IT suppliers
- Claim by local authority in respect of automated traffic control system
- IT contract management disputes
- IT license claim
- Numerous other IT-related claims
Insurance/reinsurance
(see also Professional Negligence and Personal Injury below)
- £40million international re-insurance fraud dispute (4 party)
- Division of liability amongst insurers dispute
- Various reinsurance disputes
- Railway disaster claims
Intellectual Property
- World-wide trademark dispute between two household name companies
- Film copyright dispute
- Passing off action between household name retailer and branded food manufacturer
- Design rights dispute between designer and household name transport manufacturer
Local Government
- Dame Shirley Porter and Westminster City Council
- Several disputes regarding waste disposal contracts with local authorities
Medical negligence
- The largest single medical negligence claim in UK history
- Various obstetric claims
- Plastic surgery claim
Partnership
- Removal of law firm partner
- Break-up of law partnership
- Break-up of interior design partnership
Pensions
- Numerous disputes concerning inappropriate administration and use of pension funds, fraud, etc, against former trustees and professional advisers – (including 3-party, 5-party and 6-party disputes)
Personal Injury
- Allocation of liability between defendants for mass tort claims (c. 30,000 claims)
- Employers liability claims (eg. factory accidents)
- Diving accident claim
Product Liability
- Class action against a pharmaceutical company
- Claim concerning alleged contamination of food products
Professional Negligence
Numerous claims (both two- and multi-party) against:
- Solicitors (relating to "loss of chance" claims, property transactions, vicarious liability, acquisition transactions, etc)
- Accountants
- Insolvency practitioners
- Company directors
Regulatory
- Financial services regulatory disputes
Shipping
- Multi-million pound luxury yacht dispute
- Shipping re-insurance claims
Sport
- Dispute between motor racing driver and his sponsors
- Directors and shareholders dispute in ocean racing enterprise
- Long-running multi-party dispute over board and shareholder control of a Brighton and Hove Albion Football Club (multi-party)
- Dispute between directors of football club (multi-party)
- Dispute between football club and sacked manager
- Dispute between motor racing champion and racetrack company
Further mediation experience:
- Currently advises/has advised UK Government (HM Treasury, Department of Health, and other government departments) and numerous leading insurance companies, banks, trade associations and law firms, on their use of ADR
- Represented UK government at the United Nations (UNCITRAL) negotiations regarding the terms of an international model law of International Commercial Conciliation.
- Dispute Resolution Advisor to Government of Russia
- Dispute Resolution Advisor to Government of Slovakia
- Dispute Resolution Advisor to Government of Romania
- Dispute Resolution Advisor to Government of Bulgaria
- Advised the Financial Services Authority on, and designed and implemented, the FSA’s new mediation scheme for enforcement cases (the first use of mediation by a UK regulator)
- Mediator for the Paris Mediation and Arbitration Centre (CMAP), and speaks French
- One of the first mediators in the NHS pilot clinical mediation scheme
- Mediator under court-annexed schemes for Commercial Court, Court of Appeal and Central London County Court
Top