CEDR

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To contact or appoint Carolyn Graham, call CEDR on +44 (0)207 536 6060 or email adr@cedr.com

Employment & Workplace

Carolyn is a highly experienced workplace mediator, having conducted hundreds of mediations across all sectors. She is alive to the complexities and nuances of an organisation’s eco system and the insights gained through 25 years working in organisations large and small delivers substantial value to the parties and their representatives. Experience includes mediation where issues of culture, disability, gender and mental health feature.

Carolyn is equally comfortable mediating two party and team conflict and has a particular interest in mediating conflict at senior board/CEO level where stakes and sensitivities are high and the need for a quick and confidential process to resolve differences is paramount.

 “Process conspicuously successful! I think all of us on the management team thought that relations would never be the same again after this episode but in fact they are fine; in fact they are now good, even very good”. 

• Team mediation between 19 staff from one department of a major UK charitable organization.
• Mediation between two colleagues working for national charity, one returning from long term sick leave and where there had previously been allegations of bullying and issues of poor performance.
• Mediation between executive director and Chair of Board of medical charity regarding disputed length of fixed term contract and terms for its renewal.
• Mediation between head of department and newly appointed line report working for animal conversation charity following disputed extension of probationary period. 

Employment & Workplace – Bullying/Harassment, Disciplinary/Grievance, Sickness Absence

“Many thanks for your fine work on Thursday.  In particular, when I felt that there was a possibility of no positive outcome, you helped make it happen” 

• Mediation between 2 remote team members of an International company: a senior manager based in Holland and a UK based direct line report over allegations of bullying and in order to help the line report reintegrate back into the workplace after stress related sickness absence.
• Mediation between two staff members bringing mutual grievances against each other for breach of confidentiality, harassment and abuse of authority.
• Mediation between technical director and company director of dance company following allegations of bullying, extended sickness absence and as a part of reintroduction to work process
• Mediation between manager and line report in NHS trust hospital regarding issues of performance management and allegations of failure to follow due management process. 

Employment & Workplace – Discrimination/Pre-Post Tribunal

“Thank you for the way in which you presented the case and conducted it from the outset and which, I am sure, was of help to both lay clients in this case.” 

• Pre-tribunal race discrimination claim by employee of international IT company.
• Pre-tribunal mediation between company and employee claiming unfair dismissal and TA reservist’s protected right to reinstatement.
• Post ET claim by senior partner of international company for damages for wrongful dismissal.
• Pre-tribunal claim on grounds of transgender and disability discrimination brought by staff member of national consultancy firm on long term sick leave.
• Mediation between non-executive CEO and her secretary to help reintegrate the secretary back to her original department after relationship breakdown and subsequent 6 month secondment to another department.
• Pre-tribunal dispute between employee and international Bank regarding arrangements for return to work following one year internal secondment and 6 month sickness absence. 

Employment & Workplace – Relationship Breakdown

“Working with Carolyn has made a vast improvement to my working life and has allowed us hopefully to flourish as a company due to good solid working relationships and open discussions.” 

• Mediation between non-executive CEO and her secretary to help reintegrate the secretary back to her original department after relationship breakdown and subsequent 6 month secondment to another department.
• Mediation between two staff in retail sector following internal and police investigations where there had previously been allegations of threatening behaviour and intimidation.
• Mediation between joint CEO’s of a theatre company where the relationship had broken down amidst highly emotional and mutual allegations of bullying and intimidation.
• Mediation between two colleagues to help re-establish professional working relationship after personal, out of work relationship had broken down irretrievably.
• Mediation between two cleaning staff at a Cambridge College regarding allegations of bullying and victimisation.
• Mediation between two orchestral musicians where relationship had broken down midst allegations of bullying and poor performance. 

Partnership & Shareholder

“Carolyn was keen to understand the issues, the parties positions and helped in the run-up in terms of planning the day. I was hoping the issues would be narrowed. I was not confident that a full settlement could possibly be reached! A successful settlement – fantastic result.” 

• Dispute between two partners and friends regarding division of assets on dissolution of theatrical partnership.
• Dispute between two former partners regarding alleged breach of fiduciary duty and breach of intellectual copyright.
• Dispute between two partners following the joint purchase, refurbishment and sale of a property.
• Dispute between two company directors and the outgoing Chairman regarding equity shares due on sale of company. 

Media & Entertainment

After 25 year’s experience as a business woman in the Media and Entertainment industry including 14 years as Director at London’s Southbank Centre, Carolyn as mediator has as an unparallelled hands on knowledge of the arts, media and entertainment and cultural sectors. From running festivals (Brighton International Festival, Administrative Director) to organising European tours; from promoting theatre seasons in Edinburgh (Assembly Rooms) and London (Donmar Warehouse; Riverside Studios; ICA) to working with publishers: from negotiating co- production agreements  (Stomp; Brian Wilson) to securing and servicing sponsorship deals; from managing budgets (of £6 to £6mln) through to liaising with the press; from local authority licensing and planning applications to negotiating TV and Radio contracts; from being a founder member of a small scale partnership through to managing a department of 45 with a volunteer contingent of 70, Carolyn’s experience is wide and varied.

She has seen what can go wrong and what it takes to put things right and parties value and respect her ability to draw on this experience, leaving her uniquely placed to mediate in this sector.

“The mediation was astonishingly valuable and a relief to us all.” 

• Breach of contract co-production dispute between Scandinavian TV company and UK film production company.
• Dispute between actor (with both union and legal representation) and agent regarding royalties due from overseas earnings.
• Mediations involving theatre staff (stage, front of house, administrative) in a range of disputes resulting ultimately in relationship breakdown.
• Copyright dispute between songwriter/record producer and a former band member claiming co-authorship of song (subsequently recorded by top selling artist) and entitlement to ensuing publishing and recording royalties.
• Alleged breach of contract between actor and theatre company where the actor thought he’d been verbally offered an engagement but the theatre company did not.
• Dispute regarding non-payment of royalties between author and famous TV personality and publishing company.
• Mediation between member of education team of dance company to resolve differences and agree future working practises following period of huge upheaval and senior management team transformation. 

Education

Carolyn has mediated a variety of disputes in schools, colleges/universities and academies involving teaching, academic, administrative and support staff and students.

“I feel like a very heavy load has been lifted off me. I feel a lot happier with life at work. Mediation is something I used to frown upon. However I now feel it is the best thing I ever did” 

• Post grievance mediation between a University and a senior lecturer regarding allegations of unfair treatment under the disability discrimination act.
• Mediation between two staff members in a primary school where complex personal relationships and issues originating outside of the workplace (including multiple criminal investigations and prosecutions and involving several other family members) had resulted in total relationship breakdown and mutual allegations of harassment within the workplace.
• Team mediation between 12 University lecturers where relationships and trust had broken down.
• Disability discrimination claim by student against university following lower than anticipated scores in final exams.
• Mediation between four colleagues working in a refugee student support unit within a University.
• Mediation between two senior staff in Special Needs School.
• Mediation between a University Departmental Director and his deputy to help re-establish working relationship following unsuccessful grievance taken out by the latter against the former. 

Trusts, Wills & Probate

Carolyn often mediates in cases where feelings are running high and the parties are feeling anxious and/or distressed. This is especially the case in wills and probate mediations where clients cite her calming influence and ability to keep the parties focussed on outcomes as being of significant benefit.

“she was empathetic and by keeping the situation calm and diffusing the emotions, a situation that could have been very distressing for both parties was avoided. She made a huge effort to bring both parties together which was appreciated.” 

• Mediation involving nine family members regarding the mutual inheritance of a property abroad where some family members wished to retain the property as a family holiday home, some to run the property as a commercial concern, and some to sell.
• Mediation between mother and daughter regarding disputed division of financial assets following the death of the husband/father.
• Dispute between twin brothers regarding disputed will of deceased mother.
• Interpersonal dispute between trust members.
• Dispute between Mother and daughter regarding the transferring of money from mother to daughter’s account and the signing over of house into daughter’s name.

Charities/NGO’s

“Excellent result achieved for both parties.” 

• Mediation between a charity and its sister charity regarding issues of membership and governance.
• Mediation between two colleagues working for national charity, one returning from long term sick leave and where there had previously been allegations of bullying and issues of poor performance.
• Mediation between executive director and Chair of Board of international medical charity regarding disputed length of fixed term contract and terms for its renewal.
• Mediation between head of department and newly appointed line report working for animal conversation charity following disputed extension of probationary period.
• Mediation between two senior Directors of International NGO where relationship breakdown was impacting on performance and delivery. 

Local & Central Government

 “The mediator was great. She was calm, friendly, understanding and very non judgemental. She made the process much smoother and easier than I ever imagined it would be. She very quickly put me at ease and managed the day very fairly and with empathy” 

• Mediation between staff members of local authority library where restructuring and relocation had contributed to the problems within the team.
• Mediations, conducted over several days, between local Authority departments and Unions to establish better working relationships.
• Mediation between government department and former employee claiming compensation for alleged disclosure of confidential information.
• Mediation between manager and caretaker in local authority housing department where relationship had broken down following alleged mishandling of tenant complaint and numerous subsequent grievances. 

Commercial Contracts

 “Success. Very pleased that it was achieved with the mediator’s considerate interventions and communications between the parties in what otherwise had seemed like an insurmountable impasse without resort to litigation” 

• Dispute between decorating company and a homeowner claiming negligent damage to property.
• Dispute between a US based company and a UK based executive recruitment agency regarding disputed levels of commission monies due on an ‘introduced’ candidate.
• Dispute between sports equipment manufacturer and PR consultancy regarding breach of contract/non-delivery of services due.
• 3 way dispute between a building construction company, a garage and a construction worker regarding non-payment and poor workmanship.
• Mediation between legal firm and former client regarding non-payment for services rendered.
• Breach of contract dispute between owner of video business and former chairman and finance director regarding latter’s entitlement to remuneration package/share of proceeds on sale of business.
• Breach of contract dispute between hotelier and company responsible for refurbishment programme.
• Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered.
• Dispute between two property management companies regarding non-payment of rent, repairs and maintenance. 

Sale of Goods & Services

 “thanks so much for your help with this. We thoroughly appreciate all that you did to ensure that there was a successful outcome” 

• Dispute between home owner and design/project management consultancy regarding alleged non-payment of design and project management fees for home extension and proposed new spa/garage buildings.
• Mediation between London football club’s community trust and an educational trust regarding non-payment/disputed quality of services provided.
• Dispute between PR consultancy and a film distribution company regarding non-payment of monies for services rendered.
• Breach of contract dispute between public sector funding body and regeneration consultancy. 

Manufacturing

 “I was expecting the mediator to be professional and very good ..Carolyn was impressive and exceeded my expectations” 

• Mediation between Senior Director and Managing Director of UK/European company where relationship broken down following instigation of performance management programme.
• 2 day team mediation involving management, staff and union representatives following take-over of local manufacturing organisation by global enterprise.
• Mediation between union representatives and management of large scale manufacturing company to re-establish relationships following months of turbulence and strike action. 

NHS & Healthcare

“Very open, and welcoming of views.  Confirmed what she saw throughout the process which was very helpful.  Very pragmatic approach which helped” 

• Mediation between two colleagues in NHS trust hospital where relationship breakdown was seriously impacting on productivity of department and consequently, on financial stability and credibility or organisation.
• Mediation between ward staff in central London hospital to improve working relationships.
• Mediation between two senior Consultants at London hospital where relationship had broken down.
• Mediation between 15 consultants at NHS trust hospital following largescale restructuring of department and subsequent deterioration in working relationships. 

Property

“A very straight forward approach which never obscured the way ahead and left both parties able to decide on an acceptable resolution.” 

• Dispute between UK landlord and former tenant, now resident in the US, regarding non-payment of rent.
• Dispute between housing association and tenant regarding levels of compensation due following flood damage to property.
• Dispute between landlord and tenant regarding a disputed rental over-payment.
• Tenant/Landlord dispute with tenant seeking damages for disrepair and an order for remedial work.
• Mediation between property developer and tenant seeking costs and damages for trespass following court ordered surrender of possession of property from developer to tenant. 

Team Conflict

“...a very positive experience … I was impressed by the way these discussions led to actual outcomes and set actions to be carried out and followed up at the next session … Finally since the mediation there has been a marked improvement in communication between the management and workforce and their reps.” 

• Facilitation between Head of Department and 4 senior directors of TV Broadcast and production company during time of great organisational change.
• Facilitation, conducted over several days, of 30 regional team members of non-governmental public body in order to improve individual working relationships and better ensure consistency of operation.
• Team mediation between 19 staff from one department of a major UK charitable organization.
• Mediation between a charity and its sister charity regarding issues of membership and governance. Central to this mediation were issues of culture.
• Mediation between 10 musicians within one section of an orchestra where relationship dysfunction was affecting performance.
• Team mediation involving 10 GP’s, recently amalgamated from 3 separate practices into one group practice, to agree new working practises.
• Mediation between 8 country specific staff of worldwide broadcasting organisation regarding performance and productivity issues consequent upon multiple breakdowns in relationships.
• Facilitation between five members of international Banking Secretariat where relationships had broken down. 

Updated: August 2018