Global Excellence 2020
Acquisition International - Global Excellence 2020 157 Acquisi International - Issu 7 2020 1 Motivating Mediation An often-underrated skill is that of mediation, with the ability to bring a conflict to a close with as little stress as possible. Done right, both sides are able to walk away satisfied. Few perform this service better, and with such aplomb, as Michael Malone. Recognised in Acquisition International’s 2020 Global Excellence Awards as Most Influential Employment Mediation Specialist 2020 – UK, we took a closer look at this talented solicitor to see how he has come to have such an incredible impact. stablished in 1954, Trinity Chambers has grown into one of the leading providers of legal services in the North of England, with an enviable range of services on offer to clients at the highest levels. Trinity have also developed a specialist group of accredited mediators in civil, commercial and employment cases as well as family matters and this team has achieved particularly strong results. For this reason, Michael Malone had no hesitation in accepting an invitation to join the team. Michael spent 25 years, as a solicitor in the North West, advising on employment matters and representing clients as an advocate in the employment tribunals. In the early part of that period he acted mainly for claimants in sex discrimination and equal pay cases. Subsequently, whilst continuing with that work, he also acted for a wide range of public and private sector clients, including local authorities, housing associations, charities, manufacturers and insurance companies. When he was appointed as an employment judge, he found it to be an advantage not to have acted exclusively for claimants or exclusively for respondents. Michael worked for some years as a fee paid, part-time employment judge, before being appointed to a salaried post. He served in that post for nearly eight years, based in Newcastle. He was in the first batch of employment judges to be trained in judicial mediation. He conducted scores of mediations in employment cases. One of the skills which he had to acquire was to forget about being a judge when acting as a mediator. If mediators give the impression that they have formed a view as to the rights and wrongs of the case, they are almost certain to lose the trust of at least one of the parties. One of Michael’s advantages as a retired judge, is that he is entirely independent and does not take on any work other than alternative dispute resolution (including mediation) and writing and speaking engagements. Although Michael has conducted a very large number of mediations, they have all been in relation to employment disputes. That is not a problem in terms of mediating other contractual and commercial disputes, because mediation skills and techniques are the same whatever the subject matter is. However Michael has reinforced his earlier training and experience by receiving further training from CEDR and obtaining their accreditation. Michael’s experience of hearing cases as an employment judge has convinced him that many cases, particularly discrimination and equal pay cases, would have benefited from early neutral evaluation, since a huge amount of time can be wasted, and expense incurred in pursuing fruitless lines of argument. He is offering early neutral evaluation in the whole range of employment disputes, but particularly discrimination and equal pay cases, which tend to be the most complicated. Those are also the areas in which he has the greatest experience, as an E Feb20025 advocate, judge, writer and speaker. An authoritative assessment at an early stage can help the parties to settle a case before huge amounts of costs have been run up. Settlements before proceedings are well advanced can also help parties to avoid unwelcome publicity. Even when a case still goes ahead, the process can help to clarify the issues and shorten the proceedings. Working as a self-employed associate of Trinity Chambers means that Michael’s work comes to him through the Chambers’ clerks. They play an important part in ensuring that a case finds the right member of Chambers. The staff at Trinity Chambers have earned an excellent reputation for being helpful, efficient and courteous with clients and solicitors. There are a number of factors that have allowed Michael’s career to flourish, but his approachable style and expertise make any parties fortunate indeed to have the benefit of his services in resolving their disputes. Company: Trinity Chambers Contact: Steve Walker Telephone: 0191 232 1927 Web Address: www.trinitychambers.co.uk Most Influential Employment Mediation Specialist 2020 - UK
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