The following are some representative samples of Mediations conducted by John Rundell.
A multiparty dispute over property in Hong Kong. The matter had not been resolved after four years of court proceedings despite two High Court cases (subsequently consolidated) which had commenced in 2006. The matter was resolved with an intense 2 day mediation session.
The issuing of Practice Direction (PD) 31 by the High Court in January 2010 encouraged the parties and their legal advisers to undertake Mediation in good faith and the parties were able to end their litigation
Value of Claim: Approximately 200 million HKD
Nominated by IAMA and appointed by the parties.
A construction dispute involving a major multi-storey residential apartment tower building close to the city in Melbourne. There were three aspects to the dispute, being: risk allocation on contaminated soil discovered on site; latent conditions – both the discovery of these and mitigated costs; and authority compliance – whether this precluded a variation. The dispute was settled with the innovative use of a confidential and binding private judgment within the Mediation from a chosen expert who provided a reasoned opinion. This facilitated the parties reaching a settlement with only one further meeting with the parties.
Value of Claim: Approximately $1.8 million
Appointed through Hong Kong International Arbitration Centre Panel of Accredited Mediators)
An international multi-party mediation held in Hong Kong at the HKIAC over three days between parties based in Singapore, London and Hong Kong in relation to investment-linked insurance policies purchased through a broker/financial adviser. There were two separate High Court cases associated with this dispute. A successful resolution was achieved by mediation.
Value of claim: USD2.5 million
Role: Mediator (Industrial Relations Employment Related)
Nominated by: Australian Government-Australian Industrial Registry
A Mediation in relation to relief regarding termination of employment under S.17O CE(1) of The Workplace Relations Act 1996 (Commonwealth). Successfully Mediated with a Deed of Resolution signed.
Value of claim: Employment Related Issues.
Mediation of a dispute as to scope, variations and interface responsibilities for an IT software development covering a Core Systems Replacement and upgrade. The project involved a major Government Department and an International listed Systems Development and Consulting Group. Development costs exceeding AUD 50 million over 3 years. Successfully mediated and resolved with the project continuing to the next major phase.
Value of claims: approximately $2 million of variations, and issues as to scope of deliverables. Successful resolution was achieved.
Mediation of a shareholder dispute as to value and exit of a 50% shareholder in a long established family owned Plumbing and Construction Group. The matter involved disputes as to the value of the Company having regard to (Work in Progress, future prospects, litiation and construction disputes pending, and method of valuation), trust distributions, sale of shares in associated companies, settlement and repayment of shareholder loans.
The matter was resolved with a comprehensive Mediation Settlement Agreement signed by the parties.
Value of claim: Under $2 million
A significant mediation between two major International Banks. The mediation was associated with the sale of a major Asian/Indian bank and the ongoing requirements for use of the selling Bank's core banking applications and IT infrastructure.
Value of Claim: $100 million, being $35 million per annum over a three year contract and as part of a $1,800 million USD bank acquisition. Successful resolution achieved.
A Mediation involving the delivery of HR training services by an external service provider to a major bank, and a dispute as to the selection, operation and performance of the services across a number of divisions of the bank.
Value of claims: approximately $2 million.
Other informal mediations and facilitated negotiations in the Banking sector associated with Outsourcers and Services agreements between Banking Divisions and External Services Providers.
Liability limited by a scheme approved under Professional Standards Legislation