Amanda Bucklow

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If you are looking for a mediator with experience and a great track record for guiding people to agreement then you are in the right place. Equally, if you are looking for a mediator with experience managing mediations online via video conferencing which mirrors the face-to-face mediation process, then I have that experience too.

I am an international commercial mediator with over two decades of mediation experience, a reputation for getting people to the table and engaging them in successful negotiation and good decision-making.

One of a handful of career mediators practising in the UK, I have maintained a full-time negotiation practice since 1991 and was accredited as a commercial mediator in 1996. My portfolio of cases comprises hundreds of mediated disputes across a range of industry sectors.

My personal style is to focus on generating good decisions and I have an enviable track record as a guide and catalyst for reaching agreement between even the most ‘individual’ of individuals.

Clients frequently remark on my commercial flair, creative input and persistence in finding a resolution with a persuasive yet non-confrontational style. “If there is a deal to be done, she will help you find it.“

For many years, I have enjoyed consistently positive feedback in both Legal 500 and Chambers Guide to the Legal Profession.

If you would like to book a complimentary call to explore how I might support you in resolving a dispute, please use this link

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Technology

Mediating Remotely

Mediating remotely is an effective and realistic choice for resolving disputes now. In many cases the ‘remote’ style offers advantages over an ‘in person’ mediation for both pre-mediation meetings and the mediation itself.

I have long experience of mediating online and managing ‘virtual’ meetings. I can guide you through the pros and cons and answer any questions you may have.

I was cynical about the technology which I thought would be clunky but this was not the case due to the preparation and professionalism of the mediator.

MD Marine Construction and Salvage

There were a number amongst us that were not confident they could use the technology. The trial run which Amanda incorporated into the pre-mediation preparation was worth it’s weight in gold.

Employment Partner

I have been in a mediation before, and I was very surprised how quickly we all adapted to the online environment. At first, it felt like it was going to be very confrontational, especially between the two owners. Interestingly, it was much less so than it might have been. It didn’t take very long for the meat of the business to get going.

Accountant for Defendant

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Mediation is an experience

Online presentation about mediation. April 2021

Mediation is a behaviour and an experience. People who have not experienced mediation will find it difficult to appreciate the extraordinary value it brings to people, companies, organisations and communities. Mediation is a powerful example of collaboration.

In this video, Amanda Bucklow explains what makes it a good experience and why that matters more than ever as we face significant challenges now and in the future.

0.00 Introduction

3.42 Presentation start

25.25 Presentation end

26.23 Reflections on the presentation

29.35 The importance of mediation right now

30.15 Insights from the last 12 months

Can a mediator reach places a diplomat cannot?

Presentation to the European-Atlantic Group by Amanda Bucklow on 18 June 2021.

Historically, escalating situations have been left to nation-state actors such as diplomats and politicians to resolve and arguably with varying success. Amanda discusses and reflects on this based on her perceptions and experience in various disputes and shares anecdotes from those experiences. She explores:

• How is the mediator’s intervention different from that of a diplomat in de-escalating and resolving disputes?
• What skills does the mediator bring?
• What can the mediator and the diplomat learn from each other?

00.00 – Welcome
05.35 – Presentation
06.01 – Overview
07.21 – Peace accords
10.22 – Interventions
11.20 – Democratisation
12.59 – Best practice
18.58 – Understanding conflict
20.13 – People do not want peace… imposed
20.46 – Intermediaries
22.58 – The Labyrinth – video
25.37 – Observing the video – results
29.48 – The skills of a mediator
32:24 – The attributes and behaviours of mediators
32:32 – Effective mediators
32:44 – Being a mediator – state of paradox
34:30 – Principles of mediation
36:55 – Being a mediator 2
38:54 – A diplomat is a state actor
39:25 – A story
48:09 – Start of questions
01:35:46 – End

Conducting Mediations Remotely via Zoom

This video originally appeared on HR Network TV from Employment Law Plus, a regular weekly news round up provided by Pinsent Masons LLP

Conducting Mediations Remotely Via Zoom. 

A series of 4 short videos about using Zoom as a platform for conducting mediations remotely will appear over the next few days. The first is shown below.

How technology can mirror face-to-face mediations

  • how the technology mirrors the face-to-face mediation;
  • preparation so you are comfortable with the technology;
  • joining the meeting and keeping the meeting private;
  • how the day is managed.

Conducting Mediations Remotely via Zoom

There are many online platforms for meetings and conferences. My preference is for Zoom because it mirrors most closely the physical mediation.

In this video I consider the security, privacy and confidentiality questions which many have.

We can use the platform that most suits your needs.

Conducting Mediations Remotely Via Zoom. 

Security, Privacy and Confidentiality

  • password protection
  • the waiting room
  • individual breakout rooms speaking privately either with or without the mediator present
  • messaging/chat
  • host controls over chat and not saving chat.

EXPERIENCE

Sector Experience

Employment and Workplace

Retention and performance

W hatever the outcome, be that a parting of the ways or restoration of a working relationship,  specialist skills are required to help employees and employers out of a painful impasse.  If you appoint Amanda in an employment case, you can be sure that all the options will be fully explored to find a way forward.

Early involvement can reduce the risk of long-term consequences for both employee and employer.

Construction

On time, on Budget

The construction industry is in real crisis with overwhelming expectations to improve accountability and performance in very short timescales. The underlying issues are appropriate risk allocation in the supply chain and value for money. These are urgent goals that demand exceptional skills to deliver improvements which secure the survival of the industry.  Mediation and structured negotiation offer a realistic opportunity to support the transition to sustainability.

IT & Telecommunications

Speed and agility

I n a fast moving world where agility and problem solving are key to preserving high value contracts,  disputes cost a great deal not just in money but in lost opportunities. Mediation offers speed, options and significant cost savings. It also deals with the pace of change and the need to respond to risks and opportunities.

Rail, Air and Shipping

quality and speed

W hen the world economy is under pressure, aviation, rail and shipping sectors are amongst the first to feel the effects. Environmental pressures, regulation, market fuel prices, disposable income and company restructuring are all factors in how these sectors respond to the challenge of staying profitable. In the end, the objective is to run a successful business in challenging times. Disputes take away the energy from the important demands of building and maintaining a profitable business.

Marketing & Publishing

Brand and Reputation

T he marriage of creativity and commerce is often rocky. Creating something new and monetising it is fraught with risks. Whether drafting initial agreements or settling disputes, the mediation process is appropriate and effective because it can take account of nuances and build pragmatic and imaginative solutions.

Family Business

Legacy

V ery few family businesses make it to the third generation without a serious dispute. The values and vision change for each generation. Mediation is the opportunity for re-alignment of those values and vision and a chance to build a secure and successful future and sustain a legacy in the interests of those the business exists to benefit.

I was particularly impressed by the fact that the diminishing differences between the two parties were represented by Amanda coming into the room with smaller and smaller pieces of paper – starting with a large file and ending up with a Post-It™ note. This was presumably symbolic – but it worked for me!
Director

IT Sector

I found Amanda to be very effective demonstrating what, to me, are the key attributes of a mediator, namely being informed, incisive, challenging and encouraging.   This was the case both in preparation discussions and on the day itself.  Amanda was also quick to pick up on potential side issues which could affect the process, and also to pick up on key points from each individual’s perspective.  Her broad background knowledge, not only relating to pensions, help both from a practical perspective and also to provide a credibility and wisdom to her presence.
Director

Chemical Engineering

Showed great determination to achieve an acceptable outcome. Adapted well to the local (overseas) environment. Good practical/commercial approach to drafting legal agreements. Showed patience and calmness throughout but also displayed ability to be impatient at the appropriate times. Right temperament, personality and skills for mediation work.
In-house counsel

Telecommunications

Amanda’s style is different from other mediators that I have met. At times the process was not as comfortable as other mediations I have been involved with; that is not a criticism, more an observation of the effectiveness of her approach.
Solicitor

Banking Sector

Personally, I found that the opportunity to talk face-to-face without having to operate within a strict employment law framework, very constructive.
Director, Finance and Facilities

Education Sector

I liked Amanda’s approach of dealing directly with the clients. She did not ignore them and sought the views from all. Friendly and approachable.
In-house counsel

Manufacturing

…we always learn something that we can change immediately to improve our performance.
HR Director

Education Sector

Highlights From My Blog

IR35 – Damning Report Rejected by UK Government

When it comes to collecting tax, no one seems to be able to get past 'taking a bit more from the greatest number'. These rules undermine efficiency and flexibility in the very sectors that need both desperately. Those same sectors will need those qualities even more...
Read More

Farmers encouraged to use mediation in inheritance disputes

Mediation and particularly remote mediation is an effective option for inheritance disputes in the farming sector.

Read More

A reminder from one of the greats… David Shapiro

David Shapiro was one of the early mediators who pioneered the practice of mediation in the UK. Originally from the United States of America, he was much admired for his idiosyncratic but effective style. It is 10 years since he died. This video was recorded not long...
Read More

Mediation Can Relieve Current Crisis in The Family Law Courts

The Family Law Courts are experiencing unprecedented pressure this year. The lack of public funding especially Legal Aid is a major factor that has also affected the uptake of mediation. The number of publicly funded mediation and information assessment meetings...
Read More

Collaborate or die?

Collaboration is increasingly recognised as a key area where construction falls woefully short. In this article, I examine some of the mental and behavioural blocks to effective collaboration. The article was first published in Construction Law in June 2019  ...
Read More
CONFIDENCE

Why Should You Appoint Amanda?

Commercial Experience

Amanda draws on a rich commercial background which encompasses engineering, transport, financial markets, marketing, manufacturing and creative disciplines.

Interpersonal Skills

All problems are interpersonal at their root. Amanda has innate interpersonal skills which she deploys to create the right environment for good decision-making: rapport building, reading the underlying people dynamics and great questions which support people in being at their best.

International Business and Cross-Border

Extensive experience of concluding business in a multitude of countries. Her international experience makes her an obvious choice for cross-border and international disputes.

Knowledge and Expertise

Amanda is probably the first ‘career mediator’ in the UK. She has dedicated her practice to developing mediation as a core business process and she brings valuable insights to solve problems and re-energise underperforming projects.

Track Record

Deep experience in designing and managing the mediation process to suit the parties and the problem and a demonstrable track record, due in part to Amanda’s ‘persuasive yet non-confrontational style‘ and her ‘understanding of the commercial, legal and people issues‘.

Testimonials

Amanda Bucklow mediates a wide range of commercial disputes and employment-related matters, including discrimination and dismissal issues; Bucklow has notable expertise in transport, IT and financial services claims, as well as disputes involving regulated sectors.” Legal 500

Respected mediator Amanda Bucklow is experienced in mediating a large variety of cases, with noted expertise in employment disputes regarding dismissal and discrimination. Her international practice also takes in claims involving property, professional negligence and public sector issues. She is “charming and engaging,” according to one source, who adds that she is “particularly useful in cases involving complex personalities, which she can read like a book.” Chambers and Partners

FAQ

FAQ

Who pays for the mediator?
It is important that all parties contribute equally to the mediator's fees. There are some circumstances where one party might pay the whole amount and this is generally the case in employment and workplace matters where the employer pays 100% of the fees and expenses.
Is a mediation always one day?
The short answer is no. The one day mediation is the most popular format. It is often difficult to get everyone together for more than one day.

It is amazing how much can be achieved in one day. For more complex cases two or more days happens frequently. With a very limited amount of information about the matter Amanda will be able to advise on the options and design a process that suits the people and the problem.

There are some types of matters where a half day followed by a further day might be more appropriate. Alternatively, a good deal of preparatory work can be done by phone so that everyone arrives at the mediation with a clear idea of what needs to be discussed. Amanda is well known for her preparation of herself and of the parties so that everyone has a sense of what might happen and the time is used to find a settlement.

How do you choose a mediator?
Choosing a mediator is about matching the mediator to the people. Personal recommendation always works. Experience counts more than subject expertise although it certainly helps if the mediator knows the industry or sector. Training is also a good indicator for those with less experience. The most important point is the ability to build rapport with the parties. Amanda is always willing to speak to parties and their representatives before appointment so that people can have a sense of the way she works and her approach.
How do I prepare for a mediation?

The 'right' settlement agreement will depend upon the right planning and preparation. Preparation for mediation is not the same as preparation for trial: greater emphasis is placed on

  • identifying the elements of a settlement and what they might look like.
  • preparing the client and their legal representative for making the best use of the time
  • position statement which is focused on informing the mediator rather than rehearsing the pleadings
  • strategy and plan for considering options
  • effective selection of supporting documents.

There are other elements of of preparation and these are covered in the Mediation Advocacy Course.

Is mediation always about compromise - meeting in the middle?
Not always. Compromise means 'promising together' it is only more recently that the word has come to represent 'giving something up'.  The aim of mediation is to negotiate a settlement and that might include giving something up in order to have something more valuable. It is about trading options, opportunity and resources. The more open the parties are about creating options and choices the better the settlement terms. It depends.
When is the best time to mediate?

Mediation works at anytime during a conflict or dispute. One of the obvious advantages of early dispute resolution is controlling the costs. These are not just legal costs but the costs of delay, distraction and lost opportunities. The earlier the timing of structured negotiation the more likely the relationship can be restored and the investment in the contract preserved. This is important where parties are likely to be in business with each other in the future.

The ingredients for a good mediation are willingness to engage, healthy cynicism and a desire for a resolution. The rest is up to the skills and experience of the mediator. For more information see FAQ How do you chose a mediator? 

 

Doesn't mediation simply add to the costs?

The short answer is 'no'. Each case is different and there will be a small number that in the end were more expensive because of taking part in a mediation.

However, here are the myth busters:

1. Only about 3% of claims end up in trial. Some fall away, some are thrown out and the vast majority of what remains is settled before trial. Very many of those on the 'steps of the court'. It costs money to get to the 'steps of the court'.

2. Over 70% of mediations settle either on the day or shortly afterwards.

Therefore if you take 1 and 2 into account why would you decide not to mediate or have a managed negotiation? It will give you the best possible chance of making a good decision rather than have one imposed on you which you may not like.

And 3. Increasingly, the courts are penalising those who refuse to mediate by refusing or reducing the awards of costs even if you are successful.

Accelerated Dispute Resolution

The pressure on the courts to deal with claims and the time it takes to organise adjudication and arbitration means that business or contract is 'on hold' driven by the issues in dispute. Since most claims are either dropped or settled before they reach the courts, it makes sense to manage that process of negotiation as early as possible. Mediation and negotiation are not alternatives to litigation: they are an integral part of dispute management which includes the option to go to trial.