Council Members

Austin Kenny, Chairman

Aoife Gaughan, Vice Chair

Helen Kilroy

Joe Behan,

Jim Coady,

Helen Collins

John Madden

Stuart Margetson

Dermot McEvoy

David Nolan

Gregory Hunt

Kieran Wallace

Ciaran Breen

Breda O'Malley

ICMA Patrons: The Hon. Justice Ms.Fidelma Macken

Mr. Patrick Manley, CEO Europe Zurich General Insurance

AUSTIN KENNY

Austin is a practising Commercial Mediator and Business Consultant. Austin is a CEDR accredited mediator and a member of the Council of the Irish Commercial Mediators Association. He has been working in professional practice in Dublin since 1976. He has worked in audit, tax, insolvency, forensic accounting, strategic planning, corporate finance, property and as general business adviser. He has been chairman of a number of companies and has particular experience in advising small and medium size enterprises and family run businesses. Austin has particular experience of dealing with succession planning and business transfer disputes. He has worked extensively in the Construction and Property sectors. He has a keen interest in developing the level of awareness of Commercial Mediation across the business community in Ireland. His pragmatic style along with his enthusiasm for the process has been central to his success in Commercial Mediation.

AOIFE GAUGHAN

Aoife Gaughan is Vice Chairman of the Irish Commercial Mediation Association and is a Partner in Fishburns solicitors. She concentrates on large scale commercial litigation, professional indemnity defence, product liability, mediation, arbitration and financial, reinsurance and regulatory matters. She is a CEDR Accredited Mediator and has co-mediated a number of commercial disputes, including the first dispute to be referred by the Irish Commercial Court. Aoife is the Irish representative on the Arbitration, Litigation and Labour Law Commissions of AIJA (international association of young lawyers) and is a member of the Executive Committee of AIJA. Aoife obtained the Chartered Institute of Arbitrators’ International Commercial Arbitration Diploma, Oxford and is a qualified international commercial arbitrator. Aoife is part of the Sedona Group which is seeking to establish the International Sedona Guidelines for Document Retention, Data Protection and E-Discovery. She also lectures regularly in Ireland and internationally, including most recently on Commercial Litigation and Product Liability for the Law Society and on Discovery for the Law Society’s Commercial Litigation Diploma. As well as being admitted in Ireland, Aoife is qualified in New York and in England & Wales. (Email: Gaughan@fishburnslaw.com)

JOHN DOYLE

John is a partner in the Dispute Resolution Department of Dillon Eustace where he focuses on commercial disputes with a particular emphasis on Employment Law. John is a CEDR accredited mediator and has acted as mediator and adviser in respect of commercial mediations. John is Hon. Secretary of the Irish Commercial Mediation Association and is a member of the International Bar Association and the European Employment Lawyers’ Association.

JOE BEHAN BE CEng MIEI DLS FCIArb

Joe is a mediator, arbitrator and consulting engineer. He is the co-founder of Medius Commercial Mediators and has recently established Behan Conflict Consultants who specialise in conflict management systems design and training. Joe is a very experienced mediator and arbitrator working in many fields. He is on the panel of mediators and arbitrators for various organisations such as the: · Law Society · Engineers Ireland · Chartered Institute of Arbitrators Private Residential Tenancies Board · Construction Industry Federation · Mediators Institute Ireland · Dublin City Council Joe is currently the Chairman of the Chartered Institute of Arbitrators - Irish Branch and has served on I.C.M.A. Council for the past three years.

KAREN ERWIN

Karen is a professional full time Mediator specialising in commercial and employment disputes. An ex senior litigation partner in A&L Goodbody and a former executive director in The Irish Times, Karen set up her own mediation business three years ago and now has one of the largest mediation practices in the country. Karen is the President of The Mediators' Institute of Ireland, a member of the Law Society, a member of The Institute of Directors and of the Dublin Chamber of Commerce. She is Chairperson of the Irish Auditing and Accounting Supervisory Authority.

JOHN MADDEN

John is a Dublin/London/New York based attorney specializing exclusively in domestic and international construction mediation. With a graduate degree in Civil Engineering from New York University and over twenty years' experience as a Construction Engineer and Construction Lawyer, Mr. Madden brings to the table unique and invaluable qualifications both as a Mediator and Arbitrator. His understanding of the technical aspects of a project translates into immediate clarity of the issues at hand and allows for a simplified and focused mediation process. Mr. Madden has more than 100 hours of mediation training through the American Arbitration Association (AAA) in New York, Harvard University in Boston, the Centre for Effective Dispute Resolution (CEDR) in London, and the Association of the Bar of the City of New York. He holds the highest professional and ethical rating (AV) given attorneys by Martindale-Hubbell.

STUART MARGETSON

Stuart is a partner in the Commercial Litigation and Dispute Resolution Department of Matheson Ormsby Prentice. He advises on dispute resolution in the areas of product liability, administrative and environmental law, and commercial litigation generally. Stuart is also a senior member of the firm's Life Sciences Group and advises many clients in the life sciences sector. Stuart has managed many highly complex commercial litigation projects involving both domestic and international clients in the corporate, institutional and private client sectors. As a founder member of the firm's Environmental Law Group, Stuart advises extensively on the increasingly complex regulatory regimes for environmental protection on a domestic, European, and international level. Stuart is a CEDR (Centre for Effective Dispute Resolution) Accredited Mediator and has experience in representing clients in the mediation of disputes. Stuart is a Panel Member of both The Solicitors Mutual Defence Fund and the Medical Protection Society, defending claims of professional negligence against solicitors and doctors respectively.

DERMOT MCEVOY

Mediator and Eversheds Dispute Resolution & Litigation Partner.

Dermot specialises in Financial Services and commercial disputes, particularly those arising due to the economic crisis. Dermot has developed a broad breath of litigation and dispute resolution experience over the last 20 years and this includes particular expertise in the building and construction sector from the late 1990s until the advent of the recession. From this experience Dermot developed a strong reputation advising on and mediating disputes in the professional indemnity area for construction sector design teams and also in negligence disputes involving other professionals; including Solicitors and Accountants.

Since the mid 2000s Dermot has increasingly worked in the financial services sector, where he has been involved in the resolution of various disputes involving a mixture of financial institutions, borrowers and investors.

Dermot has approximately 10 years experience acting as Mediator or mediator advocate; and has been involved in many disputes (70+) over that time. This is in addition to Dermot’s 20 plus years experience acting as a commercial litigator. When acting as mediator Dermot is always conscious of the need to rely upon his core professional skills acquired as a litigator and the need to marry these skills with facilitative tools acquired as a mediator. He has found this an effective recipe to maximising the road to a successful outcome to mediation and commercial compromise.

Dermot is an accredited CEDR mediator since January 2003. Dermot is an active Council member of the ICMA. Dermot is also a former member of the Law Society of Ireland’s Arbitration and Mediation Committee, and of the Litigation Committee. Dermot also participated on a 2009 Litigation Task Force established by the Law Society of Ireland to examine the remit of mediation, arbitration and litigation in Ireland. Dermot has been a co-author and sub-committee participant (for the Law Society) on a Report commissioned to look at the existing rules in dispute resolution for Electronic Discovery in the Irish Courts. Dermot is also an active speaker and regularly publishes articles on mediation.

Examples of Mediations in which Dermot has been involved include:

Disputes involving JV investors and financial institutions;
Development Agreement dispute involving numerous JV partners for an overseas investment;
Loss of profit claims, arising from flood damage to a going concern’s business, involving multi parties, including state agencies;
A multi party investor dispute with a financial institution;
Construction related disputes relating to financial claims and relating to professional negligence claims;
Employment disputes; and
IP / technology related disputes.

t: +353 1 6644 238

f: +353 1 6644 335

e: dermotmcevoy@eversheds.ie

DAVID NOLAN SC

David Nolan was called to the Bar in 1985 having completed a B. Comm. Degree at UCD. He practiced as a Junior Counsel in Dublin for eighteen years, working in the areas of Personal Injury, Insurance, Non-Jury and Commercial Law. He was called to the Inner Bar in March 2003 and continues to practice in the areas of Personal Injury, Insurance and Commercial work for both Plaintiffs and Defendants. He was elected to the Bar Council in 2005, and is presently the Vice Chairman of the Bar Council. In 2006 he was made a Council Member of the Kings Inns and is a Member of the Education Committee of the Kings Inns. He is a CEDR Accredited Mediator and in 2009 was elected to the Council of the Irish Commercial Mediation Association.

COMMERCIAL MEDIATION TRAINING

CEDR Accredited Mediator

Bar Council of Ireland Accredited Mediator

AREAS OF PRACTICE

Banking, Mediation, Arbitration, Senior Counsel, Barrister, Construction, Insurance, Medical, Professional, Property and Commercial Mediation.

JIM COADY

HELEN COLLINS

GREGG HUNT

KIERAN WALLACE

DAVID GRIFFIN

CIARAN BREEN

BREDA O'MALLEY

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