Public Sector Charities. Healthcare. Intellectual Property. Sports Construction & Engineering. Partnership. Pensions. Transport Education

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1 Accreditation: Panel Admission: Languages: Location: English United Kingdom MICHAEL ORD Knew his job very well and handled some very difficult issues very competently Mediation Feedback Overview Michael Ord has gained substantial experience as a mediator over the last 10 years covering a wide spectrum of disputes in the business world along with a considerable number of cases related to his specialist expertise in disputes related to employment. Michael has been mediating since His focus on employment matters is reflected in his mediation work but his experience also extends to other sectors, in particular to property and general commercial disputes. Professional Background A practising solicitor at Watson Burton LLP Michael is a recognised specialist in employment matters, particularly the determination of issues relating to discrimination law and the Transfer of Undertakings. Regulations ( TUPE ) and sits as a Judge in the UK Employment Tribunals. Michael also works extensively with clients on partnership and dissolution matters and for many years handled Civil Litigation in all courts up to and including the House of Lords (Supreme Court). His work has been recognised by the Chambers & Partners Guide to the Legal Profession and Legal 500 who recommend him as leading lawyer in his field. Expertise Banking & Finance Healthcare Public Sector Charities Intellectual Property Sale of Goods & Services Commercial Contracts Partnership Sports Construction & Engineering Pensions Transport Education Professional Negligence Travel Employment & Workplace Property 1

2 Personal Style Michael believes that the opening of dialogue between parties in dispute is often the first step towards satisfactory resolution of issues and that mediation provides an opportunity for that to take place, whether face to face or through the independent neutral figure of the mediator. Often this is the first time a party has discussed a dispute with a non-partisan person and through listening to, working with and challenging parties as appropriate Michael seeks to move minds from problem to solution. Michael seeks to neutralise any personal issues and animosity by focussing the parties minds on the benefits of resolution when appropriate. Feedback Knew his job very well and handled some very difficult issues very competently thoroughly prepared effective communicator enthusiastic and positive demonstrated a good ability to develop rapport with the parties controlled proceedings very well One of my favourites Michael.handled a difficult personality well which was a key to achieving a solution I did not feel that confident that the mediation process would end successfully as the parties' positions were too different [but my] clients were happy with the result and they remarked that they wished they had tried mediation earlier on in the dispute Experience Commercial Contracts Commercial sale of goods and provision of services Contractual disputes Insurance and re-insurance Professional disciplinary issues Employment & Workplace Discrimination Claims of sexual and racial harassment in the emergency services including uniformed and nonuniformed personnel 2

3 Dispute regarding less favourable treatment of an ethnic minority employee in the UK arm of a multi-national business Claim regarding Sex Discrimination brought by a senior member of management in a plc with claims valued at over 3million including pension rights Claims of discrimination on the ground of sex, sexual orientation and disability in a professional services business (claim valued at over 1million) Claims relating to post-termination harassment and victimisation in a professional services environment Claims of discrimination on the grounds of Sex, Maternity, Disability and part-time status in a Government agency post re-organisation. Pension Rights Numerous claims related to Transfers of Undertaking (TUPE) disputes Claims for loss of pension rights as a consequence of the termination of employment Dispute over a pension scheme which was amended contrary to the rules of the scheme Disputes over whether or not certain employees did or did not transfer to a new employer following the transfer of an undertaking Disputes over the application of the TUPE Regulations including change of service provider cases (including acting as expert to determine the dispute) Union Collective dispute in a manufacturing business with Trade Union representation and threats of Industrial Action involving over 200 employees. Workplace Resolution of internal grievance and disciplinary matters in public sectors (in particular Higher Education and Health) and private sectors (insurance, banking, construction, engineering and sporting organisations) Sickness absence, long term absences and Disability issues 3

4 Workplace Conflict Resolution and Change Management Problems arising out of reorganisation and restructuring of public and private sector bodies Issues of internal management/ communication and working practices in public sector and governmental organisations. Issues following the re-organisation of and restructuring of the provision of public services including over partial outsourcing. Internal Management and communication issues including working practices between connected bodies in the public and private sectors Post-merger senior management conflict resolution and working practices Re-establishing working relationships between Trustees / Chair and Executive staff Education Disability Discrimination claim in a University regarding reasonable adjustments over a University course and examination / marking processes for a student Resolving grievances between academics and the impact of that dispute on Students. Inter-staff dispute in a school Dispute regarding non-promotion of a member of academic staff in a University including claims of Disability discrimination TUPE issues regarding a school coming out of special measures Healthcare Dispute regarding the suspension of and investigation into the competence of a senior clinician Claims regarding the provision of third party services and goods/supplies to an NHS Trust Dispute regarding the provision of Police Doctor services to persons in custody (annual contract value 2.5 million) GP partnership disputes Partnership / Shareholders Post-transaction dispute over the formula / amounts to be paid on conditional consideration to out-going shareholder (claim over 5million) 4

5 Dispute between co-owners / managers of small retail chain Disputes in General Medical Practice, law firms and accountancy practices between partners Disputes between partners following professional misconduct issues Share valuation disputes Minority shareholder claims for non-payment of dividends (15% shareholder in a company valued at 15 million) Removal of Managing Director (family member and shareholder) from a family-owned business following disputes over management style including other senior personnel changes Property Disputes over development of land and ownership issues with surrounding landowners Use of land and storage of materials on land Rights of way Adverse possession claims Landlord & Tenant Disputes Neighbour disputes Claims of a tenant s right to buy (leasehold reform Act) Supply of Goods and Services Provision of allegedly faulty microchips and claims for direct and consequential losses of over 3million Dispute over provision and cost of marketing and advertising materials including market research and electronic, news media and TV advertising in excess of 150,000 Claims of allegedly inadequate professional services (law) with losses claimed of over 0.5million Dispute over the provision of ferry and transport services in a rural community Dispute over Milk Quotas (value 500,000) Sport and Leisure Dispute re-registration of non-uk players (Cricket) 5

6 Claims re dismissal of a Manager and resignation of Coach claiming constructive dismissal in a Premier League club (Football) Dispute re-expulsion of a team from a national cup competition (Rugby) Dispute over sponsorship and media rights (Cricket) Professional background and Education Michael has been a solicitor since 1981 and after initially working in a general Civil Litigation role has specialised in Employment Law and Partnership disputes for more than 15 years. Although Michael primarily acts for Employers he represents high-profile and senior individuals in appropriate cases and regularly represents individuals in cases where issues of reputation, confidentiality and early resolution are vital. As well as being an experienced advocate in the Employment Tribunal and Employment Appeal Tribunal Michael has appeared as an advocate in the Divisional Court and has managed cases in the Court of Appeal and House of Lords / Supreme Court. Michael also sits as a Judge in the Employment Tribunal and believes that seeing cases as representative, as judge and as mediator enables him to analyse opportunities for resolution which parties can then use to help solve apparently intractable cases. Recent work has included representing a national charity seeking to remove its Chief Executive during negotiations with Government over the placing of substantial grant funding; acting for the Managing Director of a manufacturing business in relation to the forced sale of his shares and termination of his contract; acting for named individuals (not supported by their employer) in claims of sex discrimination brought by a junior member of a professional team and resolving a dispute between partners and a salaried doctor working in a multi-site General Medical Practice. Michael also recently worked with a US based business in heir acquisition of 3 food manufacturing companies and the subsequent consolidation / restructure of their UK business onto one site where he was involved in negotiations with Trades Unions and Local Authorities. In his professional career Michael has acted for a client in a Land dispute which was a reported case following a House of Lords decision and has conducted cases in the County and High Courts as well as the Divisional Court. He has also appeared as a representative in Planning Enquiries, Disciplinary Tribunals and regularly appears in the Employment and Employment Appeal Tribunals. Michael trained at a local firm in Newcastle upon Tyne. In 1983 he joined one of the firms which later became Eversheds and was made partner in After working in Newcastle, Teesside and Birmingham with Eversheds for over 25 years he moved back to the north-east in 2009 and is now a partner in Watson Burton, a full commercial service law firm with offices in Newcastle, Leeds and 6

7 London. He trained as a CEDR mediator in 2001, has delivered seminars to clients and law firms on mediation awareness and the use of mediation, and was appointed as an Employment Tribunal Judge in In 2012 he was asked to work with a University on a new mediation module in their Law Degree. In his time off Michael enjoys most sports. He is an inadequate golfer and enjoys horse racing he has shares in 3 horses. He is also a keen reader, particularly of biographies (especially of political figures). Newcastle Royal Grammar School 1966 to 1976 University of Newcastle, LLB (Hons.) 1976 to 1979 College of Law, Chester 1979 to