Rhys Clift

Consultant Mediator

Rhys Clift, Consultant Mediator with Consensus Mediation
“His calm good sense was a great reassurance. He is obviously possessed of considerable experience, sound judgment, good people skills and thorough commercial awareness; all the right ingredients for an excellent mediator.”
Solicitor (1983)
  • Marine and non-marine Reinsurance
    • Aviation, BAR/CAR, Cargo, Charterers’ Liability, Credit Risks, Energy, Hull, Increased Value, Liability, Loss of Hire, Mortgagees’ Interest, Specie, War, Yacht, XL and Quota Share reinsurance disputes
  • Carriage of goods by sea
  • Charterparty and bill of lading disputes
  • Maritime casualties, (groundings, fires, explosions, structural failures)
  • Off-shore construction
  • Commercial fraud investigation
  • Multi-jurisdictional disputes.

Rhys was trained and accredited as a Mediator in November 1998.

He has been involved in many mediations in the UK and abroad, either as Mediator or acting for parties.

These have covered a very wide range of matters; for example insurance coverage disputes (explosions and fires, claims for detention and structural failure); disputes on off shore construction (oil & gas); disputes on the supply of sophisticated surveillance technology; a class action by employees against a major financial institution; claims for
fraud in the purchase and development of UK properties; an aviation finance dispute concerning a private jet; alleged contamination and theft of cargoes; and even alleged harassment and death threats following a contract dispute.

Rhys has a “unique ability to present complex processes in a way which is easily understood, not only by members of the legal profession but also by other interested parties.”

“His calm good sense was a great reassurance. He is obviously possessed of considerable experience, sound judgment, good people skills and thorough commercial awareness; all the right ingredients for an excellent mediator.”

He presented a Masterclass on Mediation to the Chartered Institute of Insurance: “Schopenhaeur’s Law and the Rise of Commercial Mediation” (www.cii.co.uk) (2010).
He lectured on the EMTPJ course at Warwick University (funded by the European Commission) www.emtpj.eu on the process of (facilitative) mediation and on international mediation (2010).

He has written organised and taken part in numerous mock mediations in the UK and abroad (Cyprus, Germany, Greece, Norway and Slovakia).

 

Books

Rhys has published numerous bulletins, articles and papers on insurance and dispute resolution (including contract certainty, fraudulent insurance claims, anti-suit injunctions)

Publications in 2011 include:

“Mediation in England and Wales” (sole author) a compendium of essays and some up to date statistics.

Review: Sir Henry Brooke, Chairman CMC

“… formidable reputation in the mediation marketplace… a must read …….. this excellent short book …”; and Professor Greiman, Harvard and Kennedy School of Government “essential reading”.

“Alternative Dispute Resolution in Practice” (instigator/contributing author) (for the insurance and reinsurance market) published by the Institute of Insurance of London in January 2011.

Foreword: Lord Woolf, “this book is likely to be an important contributor for many years to the knowledge that exists on this subject”.

Rhys has a “unique ability to present complex processes in a way which is easily understood, not only by members of the legal profession but also by other interested parties.”

“His calm good sense was a great reassurance. He is obviously possessed of considerable experience, sound judgment, good people skills and thorough commercial awareness; all the right ingredients for an excellent mediator.”

Professional recognition

Listed:

  • Expert Guides: the Legal Media Group Guide to the World's Leading Lawyers (Insurance and Reinsurance, UK) 2011;
  • International Who’s Who of Shipping and Maritime Lawyers 2010 (Rhys Clift possesses a “remarkable depth of expertise”);
  • International Who’s Who Business Lawyers 2010 and 2011;
  • Who’s Who in the City 2010;
  • Legal Business Arbitration Report 2007 (“Captains of Industry”).

 

Professional Expertise

Rhys has over 25 years experience in Commercial Litigation and Arbitration with a particular emphasis on Marine and Non-Marine Insurance and Reinsurance matters and disputes (Aviation, BAR/CAR, Cargo, Charterers’ Liability, Credit Risks, Energy, Hull, Increased Value, Liability, Loss of Hire, Mortgagees’ Interest, Specie, War, Yacht, XL and Quota Share reinsurance disputes); carriage of goods by sea, charterparty and bill of lading disputes; in maritime casualties, (groundings, fires, explosions, structural failures); off-shore construction; policy drafting; in Commercial Fraud Investigation; and in the co-ordination and supervision of multi-jurisdictional disputes.

Significant reported cases include Limit (No. 3) Limited v PDVIC (2005) (Court of Appeal decision on jurisdiction in energy/liability retrocession dispute); “Aliza GlaciaI” (2002) (a leading case in Mortgagees’ Interest Insurance), S &W Beresford Plc/NGI v New Hampshire Insurance Co (1989), (alleged theft of US$ 54 million in gold); Aneco
Reinsurance Underwriting Limited v Johnson & Higgins Limited (HOL decision 2001), (Rhys represented the successful Lloyd’s Underwriters in arbitration who avoided a series of excess of loss reinsurance contracts, leading to action by the cedant against the brokers, concluding in the landmark House of Lords decision).


Professional and Academic Background

Graduated in law (LLB – Hons 2:1) from Aberystwyth University in 1979 (Careswell Scholar). Passed Solicitors Finals in 1980 with Honours and was awarded the Alfred Syrett Prize in 1981. Obtained a post-graduate degree from the University of Aix-en-Provence, France in 1981 (Diplome d’Etudes Superieures d’Universitie – primarily in
European competition law).

 

International Travel

Rhys has traveled widely including the Far East and Middle East, North and Central Africa, Europe, North America and Canada, Central and South America.


Other Skills

Rhys is fluent in French and after qualification in 1983 worked for a London law firm in Paris; some Spanish.

Trained in the resolution of cross-cultural disputes and has wide ranging management experience; financial management, information technology, personnel (recruitment, appraisal and disciplinary processes) strategy and strategic planning.

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Why mediate with Consensus?:

mediation works ...It's often difficult to see what's really going on in a dispute - mediation cuts to the issues

"... because it helps the parties to resolve even the most difficult disputes in a practical way. It deals with their real interests and needs without the risks and costs of further court proceedings. The parties achieve their own solution without an imposed decision."

consensus mediation's role ensures that...

  • Mediators remain wholly impartial and focused on the dispute because we handle all the fee negotiations, contracts and documents;
  • Mediators do not become disqualified from acting (even by perception) because of previous direct or frequent instructions from one party or solicitor;
  • Our experienced case managers can help smooth out pre-mediation communications between representatives in highly charged or multi-party disputes;
  • Clients and their solicitors can concentrate on the case while we sort out all the administration and logistics.

why choose consensus mediation...?

We quote an inclusive fee for the mediator's time and the administration of the entire mediation process. Consensus Mediation does not charge for "overtime" or for any other hidden extras. Consensus Mediation engages the best mediators from all over the country, so we can find the right person in the right place to help resolve your dispute.

Our fee structures are designed to give you clear, attractive, options - call us to find out more

Call our Case Managers:

0844 561 1763

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