Mediation Experience ...

Maggie Kennedy is highly experienced in the resolution of commercial and private client disputes, having spent many years at the international solicitors' firms Eversheds and Hammonds. Maggie has both broad and specialist experience enabling her to negotiate business disputes over money, goods, buildings or performance; from small claims to million pound disputes in the manufacturing, construction and service industries, as well as disputes between individuals or private clients.

Approachable, bright and commercially aware, her IT skills and sense of humour are also familiar attributes to those that know and work with Maggie, and her particularly well developed interpersonal skills are invariably appreciated by clients and solicitors alike.

Maggie Kennedy is a careful and perceptive mediator dedicated to ADR, her skills and personality helping participants to find creative solutions.

Click here to read a published article: Mediation: a worthy alternative.

Maggie is often invited to speak about mediation and ADR at conferences and lectures. One conference organizer commented:

"I thought you might like to know that the delegates at last week's seminar obviously appreciated your style as you were voted top speaker in a summary of the seminar critique forms!"

Another participant said: "Polished and informative. No criticisms."

Some cases mediated...

• breach of contract claims and counterclaims;
• professional negligence - solicitors, architects, surveyors, accountants;
• accountants' alleged professional negligence involving client's loss of business premises;
• action against professional body for refusal to fund litigation;
• private clients - division of capital and other assets;
• shareholder disputes;
• multi-million online business dispute, involving shareholdings and employment issues;
• sickness/suspension employment contract dispute;
• termination of director's employment;
• consultancy agreements;
• sports contract disputes;
• franchise contracts;
• bespoke commercial database packages;
• website disputes - building/design, hosting, optimisation (SEO);
• internet domain name disputes;
• IT hardware installation dispute;
• intellectual property (trade marks, trading names, copyright);
• passing off dispute in the education sector;
• international sale of goods;
• domestic building works;
• defective mechanical & electrical works;
• defective building works;
• construction - breach/repudiation of contract;
• construction - employer/main contractor/sub-contractor disputes;
• construction - delay, L&A damages, extensions of time, practical completion;
• construction - contractors' warranties;
• construction - retentions, performance bonds; guarantees;
• swimming pools - construction and ventilation;
• multi-party contract for the refurbishment of school premises involving asbestos, delay, quality of works;
• contracts for waste disposal;
• aeroplane repairs;
• vehicle repair contracts;
• vehicle defects - prestige model;
• vehicle hire-purchase contracts;
• rural museum dispute;
• dispute over rights of way;
• mesne profits claim;
• disputes involving both commercial and residential boundaries

and numerous other contractual and tort-based disputes.

Maggie has extensive practical knowledge and experience of IT related cases. She is familiar with the technical and practical aspects of the design and creation of websites and search engine optimisation. She has extensive practical experience of databases and user interfaces.

Comments on Maggie Kennedy's style include:

“Maggie has a very powerful understanding manner and approach, which the clients found reassuring. The key issue for the claimants was confidence in the accuracy of the information being presented by the opponents, and Maggie was able to deal with this difficult issue effectively. As advisor to the clients, I found the approach to be spot on.”

"Maggie did an excellent job. I had not thought that this case would resolve through mediation so I was extremely happy as was my client. We are feeling really good about the result - but I feel it was a very positive outcome for all concerned. I would not hesitate to recommend Maggie again."

In the same case, the other party's solicitor said:

"Both I and my client were very pleased with the outcome. My client is extremely relieved that he can now move on with his life and that there was a settlement. It was a very worthwhile process."

Nearly all cases settle on the day, but Maggie is more than willing to keep on working to achieve a settlement afterwards, assisted by telephone and e-mail communications between Maggie and the parties. One party's solicitor said:

"I should like to take this opportunity of thanking you for all your assistance; particularly for the help given after the day of the Mediation. I am quite sure that without your help the matter would not have been resolved."

Professional Background...

Degree in law from Leeds University, then Solicitors' Finals at Nottingham Trent.

Articles at Leeds Magistrates Court, then a commercial litigator with Hepworth & Chadwick (now Eversheds), then a construction law specialist at Hammonds, before becoming a partner and head of litigation at a smaller practice in Norwich.

Maggie Kennedy established Consensus Mediation in 1999, and has guided its steady growth and success since then.

Maggie holds a number of part-time judicial posts including Parking Adjudicator for England and Wales, and Congestion Charging Adjudicator.

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