Experienced Commercial Engaging Pragmatic Creative
If you are looking for a mediator with extensive experience and a proven track record of guiding people to agreement, you are in the right place. Equally, if you are looking for a mediator with experience managing mediations online via video conferencing that mirrors the face-to-face mediation process, 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.
EMAIL ME FOR AVAILABILITY
If you would like to book a complimentary call to explore how I might support you in resolving a dispute, please use the form above to send me a message.
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.
EXPERIENCE
International Experience
EXPERIENCE
Sector Experience
- Employment
- Construction
- Rail, Air and Shipping
- Financial Services
- IT & Telecoms
- Planning and Development
- Public Sector
- Broadcasting
- Fashion & Design
- Fine Art & Photography
- Intellectual Property
- Marketing & Advertising
- Performing Arts
- Publishing
- Board & Trustee
- Higher Education
- Family Business
- Inheritance & Estate Administration
- Merger & Acquisition
- Partnership
Employment and Workplace
Retention and performance
W hatever the outcome, be that the restoration of a working relationship or a parting of the ways, 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 creative 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.
SPECIALIST AREAS
Neurodiversity
Working with neurodivergent people is a particular strength of mine. I have an established track record over many years of successfully preparing neurodiverse parties to participate fully in mediation.
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
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!
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.
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.
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.
Personally, I found that the opportunity to talk face-to-face without having to operate within a strict employment law framework, very constructive.
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.
…we always learn something that we can change immediately to improve our performance.
MEDIATION
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.
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.
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 parties and their legal representatives for making the best use of the time
- guidance on a 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
- preparing opening remarks to set the tone for negotiation
Is mediation always about compromise and 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’ and ‘meeting in the middle’ is more about the perception of fairness. 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 on approach.
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.
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 80% 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 when 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 the 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 the 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.