Graham Massie has worked with CEDR in a variety of roles since 1996, and is currently Director responsible for its conflict management consultancy services.

A Chartered Accountant with a Big Four (KPMG) background, and direct commercial experience in both London and the US, Graham is particularly suited to the mediation of complex commercial disputes or where the parties consider his professional accountancy background as being of value to the process. Graham is also regularly approached by businesses to act as independent chair for strategic discussions.

Examples of cases mediated include:

Corporate finance:

• Dispute arising out of the collapse of a holiday tour company and airline. Investors claimed £3 million for alleged misrepresentation that induced them to invest less than a year earlier.
• Disputed claim for £100,000 under a tax warranty given in connection with the sale of a hotel. Complex accounting and capital gains tax issues involved.
• Dispute between company and a former director regarding entitlement to recovery of deferred salary. Counterclaim from company in relation to the discharge of the director's guarantee of a £100,000 overdraft facility.

Shareholders:

• £1 million dispute between two brothers about the future strategy and operation of a waste transfer station business, which they had inherited from their father.
• £500,000 dispute between company and two former shareholder-directors regarding enforcement of non-compete covenants following termination of employment and shareholder agreements. Also intellectual property issues regarding alleged "passing off" by the directors' new venture.
• Shareholder dispute between two doctors about the procedure and division of £300,000 assets of a medical research company following an agreement to cease trading.

General commercial:

• €20 million + dispute between two major multinationals regarding the level of compensation payable following an EU anti-competition ruling. Both parties specifically appointed a chartered accountant mediator who could analyse and relay the implications of sensitive commercial data between the parties without disclosing the underlying confidential detail.
• £1 million warranty claim in relation to repairs to power units for high-speed trains.
• £500,000 dispute between operator of a power station and a customer regarding the correct basis of charging for the supply of electricity.
• Dispute between two manufacturing companies regarding alleged breach of contract to sell used machinery, leading to £200,000 loss of profit claim.
• £200,000 contract dispute between an educational charity and a funding institution regarding the level of payment for training courses delivered.
• £100,000 compensation claim arising from purported termination of a fixed term contract to provide grass cutting and waste disposal services.
• Dispute between an individual farmer and a buying co-operative regarding farmer's liability for equipment hire charges incurred by a sub-contractor allegedly operating with his authority.
• Dispute between a private moneylender and an individual regarding validity of a personal guarantee of a loan to a family member.
• Franchising dispute arising from compensation claim for alleged early termination.
• Dispute over payment of accountant's fees for tax advisory services.

Partnership/family

• Inheritance matter relating to division of disputed agricultural tenancy rights worth £500,000 between different branches of a family.
• Dispute between partners about division of £400,000 of property assets following break up of property management/rental agency business.
• Dispute between young couple over division of equity in their house following break up of their relationship.
• Acrimonious probate dispute arising from differing interpretations of a DIY will.

Housing

• £600,000 dispute between a group of tenants and a housing association regarding their individual complaints concerning maintenance of building and various right-to-buy issues.
• Dispute between housing association tenants occupying different floors of a converted house - essentially a noise issue arising from different lifestyles.
• Indemnification claim by property owner against its maintenance company following payout of compensation for a workplace injury attributable to inadequate maintenance.

Miscellaneous

• Dispute about scope of injunctions obtained by US arms manufacturer to limit activities of large group of anti-war protestors.
• Dispute between local education authority and an academy about the placement of a teenager with special educational needs.
• Claim by former prisoner following failure to diagnose serious medical condition.
• Dispute over trademark usage between two co-existing users of a similar business name when one moved into other's area of activities.
• Employment dispute arising from complaints about management style of a senior clergyman.

Highly numerate, Graham knows how - and when - to get into the details. Equally importantly, he has the experience to help parties focus on the big picture, particularly in those situations where negotiations might otherwise get bogged down in unnecessary detail.

Graham takes a "no nonsense" direct approach with parties, helping them to consider risks and reach workable solutions. At the same time, however, feedback from parties and lawyer representatives frequently comments on his approachable and relaxed style:

"Very very satisfied. He was excellent actually. At times things strayed but he managed to keep the focus and helped us realise what we would lose if we walked away. He had a great personality - very calming. Absolutely, I would use him again. Very much so."

"I thought he was very good. He was exactly what I was looking for. He was recommended by CEDR both sides agreed on him because we thought he had the necessary skill set. My client certainly thought, as I did, that he was approachable and down to earth and inspired confidence on all levels. I would certainly come back and I would certainly use him again."

"My client was most impressed with your patience and guidance in resolving the matter."

Having been a member of CEDR's mediator skills training faculty for a number of years, Graham is now also leading our conflict management initiative, helping clients build corporate capability in conflict management, enabling them to self-sufficiently manage their conflict situations and cut the cost of conflict. He is also a faculty member on CEDR's new Certificate in Advanced Negotiation programme.

As former Chief Operating Officer of CEDR (2000-2007), Graham is one of the world's foremost experts on the establishment, marketing and operation of ADR centres. In 2008, he advised the Indian Government on the future business strategy of its International Finance Corporation, the private sector arm of The World Bank, on the possible establishment of an International ADR centre in Bangladesh.

He has extensive experience of a wide range of multinational consultancy and has worked internationally on such projects in Bosnia & Herzegovina, Canada, Denmark, Finland, France, Germany, India, Kyrgystan, Netherlands, Nigeria, Poland, Qatar, Russia, Sweden, Turkey, Ukraine & USA.

Within the UK, he was consultant to the Home Office on the development and operation of the Compact Mediation Scheme for dealing with disputes between government and the voluntary/community sector; consultant to the Department for Education and Skills on the development and operation of a mediation scheme to deal with disputes regarding the admission of children with special educational needs to the new Academies; and recently advised the Department for Transport on the development of its negotiation approaches within its procurement function.

• The Civil Justice Audit, 2000 (project manager and reviewing editor).
• The Mediator Audits, 2003, 2005 and 2007, a regular survey of the UK commercial mediation profession.
• CEDR's "Cutting the Cost of Conflict" surveys, 2006 - 2008 looking at the cost of conflict to British business and attitudes thereto.
• The EU Mediation Atlas (co-editor), published by LexisNexis, 2005 - a survey of practice and regulation in each member state within the EU.
• Chapter on conflict management to Managing Business Risk, a practical guide to protecting your business, published by Kogan Page (2007).

After qualifying as a Chartered Accountant with a medium-sized city firm, Graham spent ten years with KPMG London where, as Senior Manager, he ran a professional service department of approximately 40 staff responsible for a broad cross-section of clients ranging from major PLCs to small owner-managed businesses.

During this period he also spent two years in the USA, initially as a manager in KPMG's Chicago office and thereafter as seconded finance director to a computer leasing industry client, based in New Jersey. Upon leaving KPMG, Graham established his own business consultancy and audit practice specialising in helping owner-managed businesses find creative solutions to one-off problems (including systems development, corporate mergers and acquisitions, strategy and planning and litigation support).

During this period, he also worked as an investigating accountant for the Accountants' Joint Disciplinary Scheme, investigating the conduct of accountants involved in corporate collapses of major public interest (inculding Polly Peck and Baring Bank).

In his early years with CEDR, Graham served initially as Finance Director and later as Chief Operating Officer, but he now focuses the vast majority of his time on client services.

Graham is also a Board member of the International Dispute Resolution Centre and The Negotiation Competition.