To contact or appoint Stephen Fielding, call CEDR on +44 (0)207 536 6060 or email email@example.com
Banking & Finance
The range of disputes which Stephen has mediated include high-end commercial lending disputes, mortgage related cases, investment management disputes, FX trading disputes, insurance and pension cases. His background as a banking lawyer and senior executive in banking organisations equips him to be at home with the financial context of most disputes and adept at helping the parties reach a settlement.
- Dispute between business partners in property development over sums loaned and priority as against bank charge.
Stephen has mediated many professional negligence cases, involving solicitors, accountants, surveyors and veterinary surgeons. His approach here is again to understand the essential issue, the grievance and the desired outcome. He believes that with his commercial and legal background he is able to understand the frustrations and resentments of both sides to a professional negligence dispute.
Trusts, Wills & Probate
Stephen has mediated over 150 inheritance/probate dispute over the last 14 years. These have included disputes involving inheritance family provision, incapacity and undue influence claims. Most have had a high degree of emotion and many have been financially complex. Stephen’s approach to each mediation is to encourage the parties to crystallize the key issue or issues around which the mediation will revolve, to get the parties to be clear about the outcome they seek, and to recognize that a successful mediation always involves both sides giving something up if there is to be a settlement. He is also very alert to the personal dimension or dynamic at work between the parties. A particular strength is his ability to get settlements in disputes with high personal emotion and financial complexity.
- Dispute over validity of will, with challenge for incapacity or undue influence.
- Dispute between brother and sister over the distribution of a £20m + estate consisting of properties and cash.
- Dependent daughter against late father’s estate left entirely to second wife. Value £150k.
- Brother against sister for pictures and other assets; claim < £1m.
- Estranged husband against late wife’s estate for maintenance and pension provision.
- Alleged destruction of will and resistance to intestacy.
- First wife against second wife for pension payments due to her but never implemented. Value £100k.
- Niece alleging invalidity of later will under which her share was substantially diminished. Estate value £4m; claim £850k.
- Claim against charity for reasonable provision.
- Claim by widow in possession of matrimonial home for reasonable provision in face of husband’s leaving of his share in the matrimonial home to his daughter by his first wife. Claim value £300k.
- Daughter of deceased given life interest in deceased’s house – issue of valuation of life interest being given up so as to enable distribution of proceeds of sale to other siblings.
- Claim based on resulting or constructive trust or proprietary estoppel.
- Dispute between a long separated spouse and her deceased husband for proper inheritance provision from the estate.
Updated: September 2017