FRICS
FCIARB
FINSTCES |
building and
civil engineering
industries
specialist trades
manufacturing industry
professional services
landlord and tenant disputes |
John was trained as and is primarily a facilitative mediator. He is empathetic, sensitive and understanding where the emotional needs of the parties require it but recognises that in commercial mediations a pro-active, positive, robust, firm, commercial style is often what the parties need and want. He has patience, persistence, focus, energy and the ability to identify and clarify core issues.
As the following feedback quotes demonstrate John adapts his ‘style’ to the requirements of individual mediations/parties. John has mediated successfully on more than 100 UK and international, wide ranging disputes from relatively low value to £multi-millions. His ‘success’ rate is approximately 90%. He is a Court of Appeal Mediation Scheme Mediator. He also acts as Arbitrator, Adjudicator, Dispute Board Chair and Independent Expert.
He is experienced in conducting mediations in construction, civil engineering, engineering, specialist trades, general commercial disputes, the public sector, property, manufacturing, professional services/negligence, energy, utilities, transport, supply of goods and services, landlord/tenant, compulsory purchase, worldwide procurement, exhibition displays, drilling, pottery, neighbour and boundary disputes, the sale of a Vulcan Bomber and equine pursuits.
The mediations he has conducted include complex multi-issue, multi-party disputes, with up to 20 people in attendance, and organising assistant mediators, experts and others attending, but he mediates disputes of all sizes.
John has 30 years experience in dispute resolution.
As a Chartered Arbitrator and Adjudicator appointed in more than 250 references he has a thorough understanding of the law and has arbitrated/adjudicated and mediated many legally complex disputes. He has 30 years experience in industry and extensive experience of commercial contracts. As an experienced commercial negotiator he has invaluable experience of the commercial aspects of disputes as well as the legal issues.
John is one of the few frequently appointed non lawyer mediators. He is listed in “The Legal 500” list of the top 78 mediators.
Some extracted examples, mainly from solicitors and counsel:
“I thought John went straight to the point and understood our position early... He was excellent ... he worked very hard and I can’t fault what he did. I would be happy to use him again.”.
“He was perfect for what we needed. He was quite different. He was much more direct which was perfect for this particular mediation.... He kept the opening session going which was helpful as it forced the parties to put their cards on the table. He wasn’t as delicate as some of the other mediators I have come across. Now I know him and his style I would use him again”.
“He is much better than other mediators I’ve used”.
“It was good to have someone who understood the technical aspects .... He was good at listening and bringing people together for meetings and so there wasn’t lots of sitting around doing nothing for hours”.
“I liked him very much. I would definitely use him again. I chose him among other mediators because I have had him already as mediator and I like his style. I think he is very pragmatic. He has control over the parties. He is very commercially oriented, very sensitive to the parties and decisive when it becomes necessary. He did a great job on the day!”
“You came highly recommended by one of my colleagues ... and despite my continuing pessimism that settlement could be achieved, the parties were persuaded to see sense and hopefully, family wise, can now bury the hatchet. I doubt very much you will ever need a reference but if you do, please do not hesitate to ask”.
“I think he’s great. We’ve used him before. He was good with the client. He was very committed.”.
“It was really productive... I found him particularly helpful especially towards the end. He was impartial and you could see he was trying to help both sides”.
“I have to say that I was surprised that we achieved a settlement. I am sure that your patience and persistence were factors in the result”.
“The feedback I got from Counsel was that he was excellent”.
“He kept things going. He kept things being discussed”.
“He was better than some mediators who are just a post box – going from room to room passing messages. He was actively involved. He did a perfectly good job. He was proactive, nudged the parties along, and achieved settlement.... If the total was split in thirds I would put him in the first third of mediators."
“He was fine – quite relaxed... The clients had the opportunity to air their views and went away feeling they had their five mins and had not missed out on their day in court”.
“..very impressed. Stimulates open debate, manages heated discussions by recapping, challenges well, not judgemental. Used whiteboard to focus. Seems laid back, gentle but incisive mind, didn’t flag. Recommended him to a colleague.”
“JP did an excellent job... very common sense approach, got them to see the point of settling”.
“Having never been involved in mediation before the experience could have been intimidating but instead was uncomplicated and informal making the process a breeze. I would be grateful if you could express my gratitude to Mr Price”.
“I thank you again for your considerable assistance in this matter and I am sure that both sides were very pleased with the mediation process itself, your assistance in enabling each side to see the relevant strengths and weaknesses of each party’s case; and also the very pleasant location which I feel sure was most conductive to a calm approach by all concerned”.
“I am grateful for the gentle, persuasive and facilitative approach which you took and which ultimately got everybody to the point that they wanted to be at”.
“I do recall that on first entering the preliminary meeting I did not envisage the two parties ever reaching agreement but through perseverance and your calming influence, a settlement was achieved to the benefit of the parties and their Insurers. Expensive and expected litigation was thereby avoided. "
“I was impressed with Mr Price’s approach and conduct in the mediation. He was able to act as a sensible conduit between the warring parties and was able to bring the parties closer together than they had ever been before. Perhaps most importantly, he did not trespass into areas not the domain of mediators namely opining on the merits... He maintained his credibility and concentration throughout the long process and in my view was a good example of how mediators should operate. As well as the ‘soft skills’ Mr Price grasped the concepts of the dispute quickly and was able to raise questions on the technical side which assisted the resolution of the dispute”.
“Over 3 full days and evenings we successfully mediated a matter which was destined for a contested 3 week hearing before the then Official Referee’s Court in Birmingham. There were 4 parties to the action and the mediation was attended, I recall, by 15 or so people in various capacities. I clearly recall one golden rule you laid down at the outset and that was, when everyone was in the room at the same time, only one person could speak. It was a salutary experience for those persons present having to listen, probably for the first time to the other side’s story. ...your mediation, in group and in individual situations, was pivotal.”
“Mr Price was forceful, firm, proactive and entirely helpful to the interests of both parties. His skills as a quantity surveyor made him entirely suited to the subject matter of the dispute but his skills as a mediator we found to be most useful in bringing the parties together and bridging previously unbridgeable gaps between them”.
“..the matter was particularly complicated due to numerous issues raised in the counterclaim. I found Mr Price’s ability as a Mediator was crucial in achieving the settlement that was eventually agreed between the parties. As I recall, this mediation continued well into the evening but Mr Price was able to uphold both his and the parties’ focus which was vital in settling the matter”.
“There was an added difficulty in this matter so far as all of the witnesses ... suffered from severe congenital deafness which had to be taken into consideration by the mediator. Mr Price was fully appraised of the issues involved and immediately took steps to put all parties at their ease. This particular mediation took in excess of twelve hours and Mr Price remained wholly committed to achieving a settlement throughout that period, making strenuous attempts to explain each party’s stance to the other party and to negotiate in difficult circumstances.”
“The manner in which he communicated each party’s position to the other was the key to resolving the dispute. He managed to combine sound technical knowledge and input with a “common sense” approach which helped to break down the barriers that existed between the parties and facilitated an agreement. I consider John to be an extremely professional and skilled mediator and wouldn’t hesitate in using his services in the future”.
“Mr Price handled matters with integrity, enthusiasm and through creative suggestions and sheer hard work was able in my case to produce a satisfactory solution. I can only therefore speak of Mr Price as a person whom I would have no hesitation whatsoever in nominating for any further mediation.”
John’s professional life has been in the construction industry but for the last 17 years he has been mediating on a wide range of commercial and private disputes.
He has 30 years experience of commercial negotiating and acting as a dispute resolver. His extensive experience has provided an invaluable basis for his expanding work as mediator in many commercial and private dispute fields. John has very wide commercial and contractual experience and personal experience of commercial organisations, large and small.
He has been involved in and advised clients on a very wide range of building and civil engineering projects, throughout the UK and internationally. Clients have included numerous contractors, specialist subcontractors, developers, lawyers and consultants.
He was in partnership with a barrister up to the end of 1985 and then formed J E Price Associates.
International Experience
International experience includes work for clients in Kuwait, Dubai, Muscat, Salalah, Abu Dhabi, Saudi Arabia, Bahrain, Qatar, Egypt, Tanzania, Ethiopia, Germany, China, Korea, India, Nepal, Italy, Turkey and Austria.
Professional Experience
Advises clients on commercial/contractual aspects of projects. Experienced in the complete preparation and negotiation of contracts and accounts and supervising clients' in-house resources and leading negotiations.
Contractual Advice
Has advised clients extensively on the contractual aspects of commercial contracts from tender to final account settlement and on the best procedures to adopt to prevent disputes arising and, where problems have arisen, the best actions for clients to take to protect their interests.
Claims Negotiation
Extensive involvement in the preparation of claims and defences and conducting negotiations on behalf of clients has provided the experience with which to secure the best possible negotiated settlements
Expert Witness Work
Experienced in all stages of expert witness work including cross examination by QC.
Trained and acted as single joint expert
Adjudication/Arbitration
John has arbitrated/adjudicated on more than 250 disputes. Appointed by Adjudicator Nominating Bodies under the Housing Grants, Construction and Regeneration Act 1996. Also receives party appointments. Experience includes adjudicating disputes involving from a few thousand to £11 million, tripartite, Joint Venture and international disputes. Advises adjudication/arbitration parties and full conduct of adjudications on behalf of parties.
A Chartered Arbitrator. First appointed as Arbitrator in 1992. Appointed in disputes involving from £3,000 to £1 million plus.
Appointments as Advocate
Experienced in representing clients at all stages of adjudication, arbitration and mediation.
Appointments as Independent Expert
Experienced in providing determinations as expert and as co-independent expert.
Construction Project Experience
By profession John is a Chartered Quantity Surveyor who has worked both in private practice and for contractors, having spent some years “learning the job” as a project QS on varied work before joining one of the UK’s largest contractors to specialise in tender and contract documentation. Since 1979 he has specialised in advising on contractual matters and disputes.
Of a Building Nature:-
Local Government Offices, Schools, Hospitals, Commercial developments, Private and municipal housing developments, Prisons, Refurbishment projects, Bakery works, Sports and leisure centres and stadia, Prefabricated fast track buildings, Large hotels and office developments, Hostels, Industrial developments, Courts, Embassy buildings, Municipal offices, Brewery works, Animal welfare facilities, Theatres, Music Centres, Exhibition Galleries, Museums, Retail Units, Night Clubs, Hairdressing Salons.
Of a Civil Engineering Nature:-
Power stations (including oil, hydro electric and nuclear), Road and motorway construction and reconstruction, road improvement schemes, by-passes, roads in desert areas and in remote mountainous terrain, Infrastructure works for complete new town developments, Flood alleviation works, Pipelines (water, gas and oil). Oil field installations, Mechanical and electrical projects. Gas industry (AGI) projects, Plant terminals, Bridgeworks, Airfield works, Tunnels, Mechanical handling works. District heating installations including large city centre below ground pipe installations. Water treatment (ozone) works. Chemical processing plants, Canals, Air fields etc.
Of a Specialist Construction Nature:-
Groundworks, Piling, Curtain walling, Mechanical and Electrical works, Painting, Cladding, Plastering, Suspended ceilings, Motorway and road works, Fencing, Reinforcement and formwork, Precast Concrete, Brickwork, Glazing, Flooring, Windows, Shop fitting, Landscape works, Services, Refurbishment, Roofing, Telecommunications/Internet Hotels, Lifts, Leadwork, Railway, Information Systems.
John is a ‘family man’ married to Debbie for 37 years, with three daughters and three grandchildren.
His personal interests are horses and sailing. He has evented horses (dressage, show jumping and cross country) for many years, suffering and recovering from many injuries – a dangerous sport.
He has more recently also taken up dinghy and catamaran sailing and golf.