Toby is a strong believer in the merits of mediation as a way of resolving disputes without recourse to a trial. Having been accredited as a mediator in 2004, he has repeatedly found that mediation can be cost-effective, flexible and efficient. It can also lead to far more satisfactory outcomes than litigation for all parties to a dispute, both financially and in relationship and other personal terms. Toby has acted as a mediator, and has frequently used his knowledge and understanding of the mediation process and the tools of the mediator when acting as counsel in mediations and settlement discussions of all descriptions, from multi-million dollar multi-party disputes downwards.
Examples of disputes in which Toby has acted as counsel at mediations include representing:
- a multi-national manufacturer in relation to a claim that vehicle fires were due to a vulnerability in an electronic device supplied by the client for fitting into vehicle engines
- a manufacturer of an allegedly defective prosthetic intervertebral disc
- the plaintiff in a claim against US manufacturer Medtronic for allegedly defective lead for implantable cardioverter defibrillator
- insurers and insureds in claims against insureds and/or subrogated recovery actions by insurers against others, for damages due to property damage and/or allegedly negligent services
- an insurer in a technical liability insurance claim by a financial institution, with a value of some $7.5M
- the plaintiffs (a corporate tenant and its insurer) in a multi-party claim for earthquake damage to a modern commercial building. This was a complex multi-million dollar claim in which at mediation there were some 45 people representing a total of about 10 parties.