About Colin Russ
Colin Russ is a full time independent commercial mediator based in the UK with an extensive international mediation practice. Accredited by CEDR in 2000, Colin undertakes in excess of 60 commercial mediations each year both in the UK and overseas. Colin has mediated disputes across a broad range of subjects and has developed particular expertise in relation to disputes arising out of commercial contracts, shareholder and partnership disputes as well as property and professional negligence. Colin is also a panel mediator to the Court of Appeal in England.
Colin is highly focused on the quality of the mediation process and to ensure the mediation has the maximum chance of success, Colin guarantees not to accept another mediation appointment the day before or day after an existing mediation commitment. This will ensure full preparation ahead of the mediation and allows time to be available the next day, should the mediation overrun. This unique approach to mediation has seen Colin surpass the 73% industry average for settlements through mediation with his mediation success rate closer to 90% with generally 9 out of 10 mediations achieving settlement on the day.
Colin has a particular interest in the evolution of the mediation process and in recent years has made time available to provide training courses for lawyers wishing to develop their mediation advocacy skills as well as training and assessing prospective mediators in the UK and overseas.
Originally qualified as a lawyer, Colin practiced for 20 years as a commercial litigation lawyer, ultimately joining international law firm DLA Piper, where Colin became head of litigation in the Birmingham officeRecommended in Legal 500 for commercial litigation, Colin became increasingly involved in ADR in the 1990s, representing clients in numerous mediations, developing ADR policy at DLA and implementing an internal training programme. After leaving DLA in 2001, Colin established a mediation practice and has been a full-time mediator ever since.
Colin's reputation and high percentage success rate means he is regularly chosen to mediate for global corporations and FTSE 100 listed companies involving multi-million pound disputes. Having undertaken hundreds of mediations over the years Colin has mediated commercial disputes across many different sectors including:
- Multi-party international contractual dispute, which resulted in a series of agreements, each of which had to be individually 'ring-fenced' to preserve confidentially.
- International dispute for two global multi-nationals in the glass manufacturing industry.
- Engineering dispute involving high profile sports car manufacturer and supplier.
- Dispute relating to waste disposal plant with value of c. £5m, involving competing claims for contract variations and failure to comply with specification.
- Major high value dispute in the bio-chemical industry, relating to a project to ascertain viability of developing and scaling-up of a confidential process of manufacturing human insulin.
- Dispute arising from a contract (value of c. £1m) for supply of fruit to baby food manufacturer, where purchaser alleged fundamental breach and terminated the remaining nine years of the contract.
- £150k dispute between two brothers relating to property entitlements in family farming business. Settlement brought to close 14 years of litigation.
- £25 million value property dispute between two FTSE 100 companies, relating to the exercise of lease break clause.
- £250k dispute relating to terms of alleged tenancy of farmhouse and barns, counterclaim for substantial rent arrears by farming family. Two-party but complex inter-personal relationships within each party’s team. Substantial legal costs had been incurred making prospect of settlement more complicated. Settlement saved parties significant expense of five-day trial, which had been due to commence in four weeks' time.
- 27 hours of unbroken mediation to conclude settlement of multi-party property dispute, which had been litigated for the previous 15 years.
- Substantial claim (£20m) for losses arising from alleged breach of confidence, which had resulted in property developer losing control of major retail development scheme.
- £200k claim by Marketing/PR Company against global motorcar manufacturer for fees allegedly outstanding, in relation to a business-to-business e-mail based marketing campaign. Significant cost savings achieved through settlement of dispute.
- £300k claim by national festival/exhibition organiser for loss of income arising from failure of hardware supplied by global bank. Need for proceedings avoided by settlement of all claims.
- Claim for payment on contract for the supply of computer software with value of £750k with counterclaim that software was defective.
- £250k claim by individual against local authority for breach of copyright and IP rights, relating to multi-media tourist attraction involving development costs of £25m. Legal aid costs of £350k were a complicating factor in achieving settlement. Innovative settlement achieved, which involved parties working together on new project
- Mediating alleged wrongful termination of worldwide distribution agreement (worth $3m) involving dispute over intellectual property rights and where injunctive relief had been obtained.
- Mediating various disputes, which had arisen between continuing partners and former partners of medium-sized law firm, with significant PR and personal liability issues.
- Mediating s459 dispute and related claims involving various family property investment companies with underlying asset value of £20m
- Acting as mediator in bitter inter-company dispute between equal shareholders including alleged breaches of confidentiality and diversion of business opportunities.
- Mediating the division of various shareholdings (valued at £9m) in private investment companies where ownership in the hands of 3 shareholder/directors and respective wives/partners
- Mediating alleged use of confidential information dispute, where rival business had been incorporated by former directors of claimant multi-national company.
- £250k claim for damages arising from alleged negligence of solicitor, which had resulted in claimant's proceedings against international bank being struck out. Complex issues, particularly in relation to quantum and 10 day trial that was due in six weeks' time were avoided by settlement.
- Claim for damages due to solicitor's alleged failure to properly advise client of need to secure appropriate planning permission for proposed change of use of premises.
- Multi-party dispute relating to major share transactions, which resulted in significant losses. Transactions allegedly undertaken by broker without authority. Imminent trial avoided when parties reached agreement and entered into four separate settlement agreements.
- Mediating high profile sports employment dispute involving leading figure in the sport and the national organisation.
- High value claim by senior, long service individual against former employer bank for alleged breach of employment contract. Confidential settlement achieved, vast saving in costs and avoidance of potentially devastating adverse publicity.
