About Mediation Resolution and Kevin Smyth

Overview

Kevin retired as a solicitor in 2019 having been variously a Director, Senior Partner and Head of Litigation of his firm. Since then, he has been a full-time mediator with over 27 years’ experience. He has conducted over 175 mediations in cases relating to a wide variety of disputes and industries, 80% or so of which have resulted in a settlement being reached. Kevin has mediated cases concerning mainly clinical and other professional negligence, personal injury, disputed wills and other contentious probate disputes including Inheritance (Provision for Family & Dependants) Act claims, shareholder and partnership disputes, insurance, employment (including workplace mediations for which he is CEDR trained and accredited to conduct), discrimination, many different types of commercial and personal disputes as well as those relating to financial provision following separation/divorce.

Throughout his career as a solicitor, Kevin practised solely as a civil litigation lawyer; for much of it in the professional negligence and clinical negligence/personal injury arenas. In the case of the latter, he successfully prosecuted several multi-million £ clinical negligence claims that resulted in awards of significant damages. Kevin is also a highly experienced practitioner of independent chairing in the public and private sectors. He has chaired numerous appeal hearings of the Legal Aid Agency’s National Special Review Controls Panel as well as its Funding Review Committees. He has also chaired meetings related to employment and workplace issues and was the Chairman of the Board of Governors of a well-known large independent secondary school for six years.

Kevin believes that in every mediation a settlement is possible, and from the outset encourages the parties to think likewise. He uses a mix of approachability, awareness, empathy, pragmatism and decisiveness to help them to achieve one. His style is energetic and involves managing the process before and on the mediation day with an appropriate degree firmness. Reality testing in a focused and constructive way is also an important element of Kevin’s style and general approach to the mediation process.

In mediations conducted by him, Kevin may be prepared to accept an invitation from the parties to be evaluative as to the merits and/or value of any claim provided he feels that in the particular circumstances of the case, it would be both appropriate and helpful to do so in context of helping the parties achieve a settlement, or otherwise a satisfactory outcome.

For further details please download his Mediator’s CV. There you can read about the types of dispute he has mediated.

Testimonials received include the following:-

“Kevin was patient and yet kept everyone focused on the desirability of achieving a settlement. We all started poles apart…That a resolution was reached at all is not only a testament to the mediation process itself, but to Kevin’s own skill.“

“Kevin was excellent as usual who deals with these disputes extremely well. He is sympathetic to the client and understands that settling the dispute will result in a release of stress and pressure. He facilitated a settlement and closure for everyone. We thought he was very good.“

“Kevin was ‘brilliant’. He made me feel so comfortable and I hadn’t expected to. I felt very comfortable going into the mediation. He had spent a lot of time the week before working with me and talking about the issues … he brought gravitas and stopped the whole process from breaking down.“

“He is uniquely qualified to be a mediator. He was dedicated, organised, experienced and proficient.“

“… he was sensible, thoughtful and finally managed to broker an agreement when initially the parties were poles apart. He did a very professional job under difficult circumstances.“

“Thank you Kevin for your patience and incredible endurance in leading this matter to a positive outcome for all parties.“

Expertise