Jane Player new

These contracts and agreements are often sophisticated and complicated. They relate to mostly long term projects that morph into projects where the original contractual provisions do not make as much sense anymore. The effort of causing a dispute and proceeding to litigation or arbitration will defeat the project purpose.

Parties reluctantly continue in malfunctioning projects rather than recognise the need to pause the milestones for a defined period and bring in a mediator to resolve pending issues or bring the relationships to an end allowing for an agreed collaborative exit.

Jane has mediated many TMT disputes between supplier and customer. She has good knowledge of the IT telecoms and media sectors following 20 years working with such clients as lawyer / adviser.

She has been appointed directly by in house counsel at TMT organisations and assisted in creating a mediation process for a high profile merger in the telecoms world where the EU competition authorities demanded third party protection measures to be mutually agreed.

Jane has also acted as mediator in many high profile media disputes allowing media attention to be minimised and confidentially of the deal preserved.

Sector specific CV available upon request, please contact us at arbitrators@int-arb.com.

IP rights and protections are complicated, especially where there are cross-border agreements. Most businesses value their IP and it can be one of a company’s key assets. Today lawyers and their clients see IP disputes and the solutions available much more flexibly.

Using Mediation, innovative and creative settlements can be reached which judges and arbitrators who are pleadings or contract bound cannot achieve.

Jane has mediated many IP disputes as one of the leading mediators on the WIPO (World Intellectual Property Organisation) panel.

She understands the need to preserve confidentiality of certain IP assets, as well as the desire to commercialise where possible the know-how.

Jane has acted for many high-tech and Pharma companies who prize their IP highly. She has assisted many to reach highly sensitive but worthwhile settlements.

Sector specific CV available upon request, please contact us at arbitrators@int-arb.com.

Mediation provides an opportunity for lawyers and their business clients to ensure that when disputes arise out of contractual provisions and joint venture fall outs, practical and pragmatic solutions can be owned by the parties and these solutions are then more likely to be adhered to.

The flexible process of mediation, guided by a highly skilled mediator as a third party facilitator, gives business a quick and relatively inexpensive process to explore and vent their concerns in a safe confidential environment. The success rate of mediation is impressive.

Jane has assisted many companies large and small who have entered into collaborations through consortia or joint ventures and where along the life of the venture there have been difficulties. Some companies want out with the least cost and some want to restore the status quo, restore relationships and renegotiate terms.

She has also mediated shareholder disputes either between shareholders themselves or against the company where it is felt the company is not acting in the best interests of the shareholders as a whole. It enables businesses, together with their lawyers, to reach a negotiated compromise that will almost always be better than long, drawn out proceedings with uncertain outcomes and only one winner.

Jane has mediated professional partnership disputes where owner managers fall out over the future of the business. These have been between law partners, accountants, surveyors, architects, dentists and doctors’ practices amongst others.

Sector specific CV available upon request, please contact us at arbitrators@int-arb.com.

Jane has acted as mediator for the general manager and trustees, both off-shore and on-shore, for a number of large family trusts.

She has also acted as mediator for property trust funds managing portfolios which are accused of negligence.

Jane acted as mediator for one of the largest Guernsey trust funds in an action against lawyers accused of breach of contract, as well as disputes where allegations of misuse of funds and fraud has been made.

Sector specific CV available upon request, please contact us at arbitrators@int-arb.com.

Projects by their nature require good relationships as well as clear contractual obligations. They are often long term and customer requirements can change.

Equally suppliers’ promises may sometimes not be capable of being fulfilled as anticipated and that leads to frustrations at best and disputes at worse. But disputes within Projects are complicated by the relationships that are already intertwined, blame for fault on both sides and part performance which new suppliers are unwilling to take on.

Accordingly many projects limp on for ages causing increasing damage. It is far preferable for a skilled mediator to work with the parties to unwind the issues and explore the root of the problems to hopefully restore the venture or at least steer the parties to an amicable exit than reverting to an expensive and time consuming court case.

Sector specific CV available upon request, please contact us at arbitrators@int-arb.com.

• International dispute between a Nigerian and Russian counterpart in relation to a trade dispute.
• Distribution agreements in accordance with Israel and US law mediated in the UK.
• International project disputes to include multi jurisdiction and cross-cultural issues within Europe.
• Fraud investigations involving two or more jurisdictions (to include USA).
• Competition law disputes with competitor businesses.
• Joint venture disputes between two large multinationals with regard to investments in the Indian market.
• Dispute between Korean and Egyptian car manufacturers on breach of joint venture agreement.
• Disputes on IT Telecoms projects where disputes have arisen over failed milestones and breach of contract/negligence actions for not fit for purpose systems.
• PPP/PPI projects to include the construction industry.
• Finance projects where the bank or insurer has acted as the lost payee under an insurance policy backing a project which then fails.
• International, Turkish and Asian communication projects dispute.
• Spanish and South American development scheme dispute.
• Copyright and licensing disputes in the publishing, telecoms and IT industries.
• Media IP/IPR disputes.

Banking disputes which involve the security taken over IPR rights.

• Interconnection agreement between large telecoms operator and service provider.
• Software licence disputes following formal tender process for the implementation of body shop management software for vehicle repair body shops.
• Breach of contract. Acting for the supplier and customer on turn key projects as well as design only and/or maintenance only projects in the telecommunications and IT sectors.
• Regulatory disputes involving licence fees.
• Professional negligence against other professionals to include solicitors and accountants and IT/Telecoms experts.
• UCTA case for communications parties to include allegations of EU dominant position in the market.
• Software licence disputes and the valid transfer of software licences.
• High profile defamation claim against senior executive at a worldwide broadcasting organisation.
• Film finance disputes to include distributor disputes and producer/financier disputes. Also to include professional negligence against film solicitors who had incorrectly protected their client’s position.
• Defamation actions to include breach of confidence within media and publishing industries as well as corporate defamation actions.
• Various disputes in relation to solicitor, accountant, surveyor and specialist expert negligence.
• Medical practice disputes to involve professional negligence and partnership law issues.
• Architects negligence.
• Patent agents negligence.
• Dispute relating to the debts arising out of the Irish banking crisis involving complicated corporate debt owed by a construction company following the death of the main shareholder.
• Breach of mandate disputes.
• Consortium disputes where there are multi party banks involved and disputes arise out of priorities on loan repayment distributions.
• Dispute between 2 large IFA businesses.
• Dispute between an accountancy firm and a client where the client’s allegations were that negligent tax advice had been given which caused a loss to the Claimant’s business. The insurers and the insured were relevant parties to the mediation and this had an effect on the outcome.
• Acting as co-mediator for a large financial services dispute where there were multiple banks involved against two debtors and the insurers were in a third room interested in the outcome and playing a small part in the solution.
• Mediated disputes for parties where there was insurance backing relevant to the mediation settlement. In the most part, the insurers did not attend the mediations but were available by telephone.
• Mediation advocate in a dispute for a large disaster recovery claim against an insurance company. Jane acted for the insured in a mediation which was ultimately resolved.

• Mediation and Training Alternatives faculty member for training mediators
• CEDR Direct Access Panel of 50 top mediators and faculty member for training mediators
• In Place of Strife (IPOS)
• Distinguished Fellow to the International Academy of Mediators
• Follet Group (Top female mediators group)
• IMI Users Council
• Commercial Mediation Group
• Past co-chair of the IBA Mediation Section