Mediator Profile - Sally Ruthen

"A very clear and quick mind - a good listener too" Client

Profile Summary

Sally practised as a civil litigation Solicitor between 1991 and 2007 to Partner level. In 2005, she started to develop her work as a freelance Mediator, and combines a quick, accurate appreciation of the issues and the parties' needs and interests with a friendly but firm manner which encourages and motivates the parties to settle.

Her other current roles include:-

• Lay member of Fitness to Practise panel for the Nursing and Midwifery Council;
• Court of Protection Visitor;
• Lay member of Audit Registration Committee for the Institute of Chartered Accountants in England and Wales;
• External Examiner for the Legal Practice Course on behalf of the Solicitors Regulation Authority.
• Member of the of the Chartered Institute of Arbitrators Mediator Panel.

Sally also conducts community mediations and health conciliations for both NHS Norfolk and NHS Suffolk

Full Profile

Sally decided in 2004, having practised as a Litigation Solicitor for over thirteen years, that her particular experience, skills and outlook would equip her to be a very effective mediator. She therefore undertook training with ADR Group to become an accredited commercial mediator, and commenced a further degree in psychology (which she successfully completed in 2007) to broaden her understanding of people.

Sally's mediation experience has developed since that time. This enabled her to cease her practice as a Solicitor in 2007, although she still retains strong links with the legal profession.

Sally conducts commercial mediations for two other mediation providers as well as ACM, and in 2009 she was accepted as a mediation panel member for the Chartered Institute of Arbitrators (CIArb).

As well as conducting commercial mediations, Sally also has several years' experience as a community mediator for a national charity known as Catch 22. This work has included handling workplace mediations for Housing Association employees. Sally also undertakes conciliation work for NHS Suffolk and NHS Norfolk, and through her links with these organisations has assisted in resolving complex disputes between health professionals.

Sally is interested in mediating disputes which are ostensibly about legal issues and rights, but which involve and often mask intense and difficult emotions, such as disputes involving illness, harm, close relationships or bereavement.

Personal Style and Feedback

Feedback on Sally's style praises her professionalism, her ability to grasp the issues quickly, and her quiet persistence and calmness in difficult and emotional situations. Comments include:

"Sally's approach could best be described as persistent, friendly and quiet diplomacy." Barrister

"She had a firm understanding of the issues involved and was sensitive to the concerns of both parties... I felt that she conducted herself in a confident and professional manner" Expert attending mediation

"The Mediator made what could have been a tense and difficult situation calm and controlled by professional experience and charm" Solicitor

"Gained the trust of the parties early and her enthusiasm and determination to secure a settlement was rewarded in 'extra time'" Solicitor

"Very professional and patient, yet incredibly effective" Solicitor

"Appreciation of both legal and emotional issues involved in the dispute" Solicitor

"Excellent under pressure!" Client

"Excellent. Sally's manner, personality and professionalism were outstanding." Client

"Even though there was no agreement on the day, the benefits of working through the issues in such a welcoming and particularly well-managed, contained and low-pressure process, have reaped many benefits." Client's Partner

"Sally Ruthen had obviously done her homework, had a very clear and quick mind, able to pick out opportunities to move forward, a good listener too... instilled trust." Client

"Sally Ruthen was very competent in a difficult situation. I had complete faith in her abilities." Client

Professional Background

Sally qualified as a Solicitor in 1991 and practised Litigation, specialising in personal injury claims initially but broadening her experience to include the other areas referred to above in later years. She became a member of the Law Society's personal injury panel in 1995. Sally was a partner in a High Street practice from 1998 until 2005, when she commenced her practice as a mediator.

Sally ceased practising as a Solicitor in 2007, by which time she had developed her practice as an independent mediator, and was also a member of the Board of the Solicitors Regulation Authority.

Since then, Sally has taken on various roles which reflect her legal background and are, in several cases, related to dispute resolution. These include:-

• Independent assessor for the Office of the Public Guardian (Court of Protection Visitor);
• Member of the Audit Registration Committee for the Institute of Chartered Accountants of England and Wales;
• External Examiner for Legal Practice Course on behalf of the Solicitors Regulation Authority;
• Panel member for the Nursing and Midwifery Council and Suffolk Performers List (see above).

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Dispute Resolution Experience

Banking/Corporate Finance/Business to business

• Dispute between charterer of private jet and lighting company regarding contract;
• Dispute between recruitment consultant and small employer regarding recruitment fee;
• Dispute between hotel and heating and plumbing installers regarding alleged faulty installation.

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Charities

• A number of disputes between neighbours, referred by police/Housing Associations and handled on behalf of a national charity, involving issues of noise, parking, shouting, abuse and intimidation, shared access etc;
• Co-mediated dispute regarding a charity event, involving local authority, police and event organisers

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Construction and Engineering

• Dispute between builder and former clients as to the construction and cost of an external wall;
• Dispute between large construction company and a number of residents on a new estate about a private, shared access road.

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Individual to Business

• Dispute between couple and national holiday company, with allegations that holiday was not 'fit for purpose';
• Dispute between individual and mortgage adviser with allegations of breach of duty of care;
• Dispute between individual and builder regarding kitchen installation (several);
• Dispute between homeowner and waterproofing installers/manufacturers regarding ingress of water and where responsibility for this lay;
• Dispute between firm of loss adjusters and former employee who was defending a claim for alleged overpaid salary;
• Dispute between homeowners and double glazing installers, with non-payment of invoices and allegations of faulty workmanship.

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Insurance

• Dispute between commercial landlord and tenant, with former Solicitors of landlord as third party, acting via their professional indemnity insurers; allegations of negligence;
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Private/Domestic

• Boundary disputes between two neighbours (several, involving various issues);
• Boundary dispute involving five neighbours and remedial works to a drainage ditch;
• Dispute between neighbours regarding Party Wall Award.
• Dispute between family members regarding will and division of Estate.
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Property Planning and Environment

• Dispute between neighbouring landowners, one commercial, regarding boundary issues and property planning;
• Dispute between neighbours regarding boundary hedge;
• Dispute between five sets of neighbours involving alleged damage to a boundary ditch, and allegations of flooding, involving expert evidence and legal expenses insurers;
• Dispute between landowners regarding upkeep of right of way
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Public Sector Education

• Assisted at dispute relating to Special Educational Needs Tribunal (SEN mediation)
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Public Sector Healthcare

• Dispute between dental practitioner and Primary Care Trust regarding NHS contract and payment; Dispute between GP practice and Primary Care Trust regarding payment;
• A number of conciliated disputes between patients and primary care providers (GPs and dental practitioners) involving various issues
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Dispute Types - Case Summaries

Boundary, Property and Neighbour

• Dispute between two neighbouring landowners, which had been about a boundary. The boundary issues were largely resolved by the time of the mediation, but substantial legal costs remained in dispute;
• Dispute between neighbours which started as a dispute about a boundary hedge, but had escalated into a neighbour dispute involving allegations of abuse and swearing, and which caused the parties to express extreme emotions during the mediation;
• Dispute between two neighbours about a lengthy boundary on rural land, involving expert surveyors who attended the mediation in an attempt to resolve expert issues as well;
• Numerous neighbour disputes usually involving issues of noise, parking, shouting, abuse etc;
• Dispute between landowners regarding cost of past and future upkeep of right of way, involving the possibility of entering into a Deed of Release;
• Dispute between neighbours regarding Party Wall Award, legal costs main issue at mediation.
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Building/Construction

• Dispute between builder and clients for whom he had constructed an external wall with which they were unhappy; both sides were represented and the main concern by the time of the mediation was the escalating legal costs;
• Claim brought by a group of estate residents against a large construction company in relation to a private access road which was alleged to be not fit for purpose;
• Dispute between individual and builder/sub contractor regarding cost and quality of kitchen installation, with legal issues as to who was responsible for alleged loss;
• Dispute about the installation of a roof waterproofing system, and whether ingress of water was caused by owner of property, the method of installation or the appropriateness of the covering (three defendants);
• Dispute between hotel owners and commercial plumbing and heating installers regarding allegations of faulty installation and damages claims.
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Contract and Debt

• Business disputing cost of private jet charter, believing it had been provided on a free trial basis; no legal costs yet incurred, but parties took matter very personally and feelings were running very high at mediation;
• Telephone mediation to resolve small claim by a couple against a national holiday company, with allegations that holiday not as described in brochure etc;
• Dispute about an employee recommended by a recruitment consultant, and the terms of the contract and fee payable upon the appointment, which did not work out;
• Dispute between homeowners and double glazing installers regarding alleged faulty installation, and non-payment of invoices
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Employment and Workplace

• Dispute between two Housing Association employees whose long working relationship had broken down because of intervention by residents at a sheltered housing scheme for the elderly;
• Dispute between company and former employee regarding alleged overpayment of salary.
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Health

• Many conciliated complaints made by patients against their GP or dentists; several in situations where there had been a bereavement
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Landlord and tenant

• Dispute between commercial landlord and tenant which raised issues of statutory compensation and delapidations following ending of tenancy; both parties were unrepresented at the mediation.
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Partnership/Shareholder

• Dispute between a group of GPs and their funders, also involving partnership issues between GPs;
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Professional Negligence

• Complex three party mediation in which a publican had a claim against her former landlord, and Solicitors were also involved as third parties as it was alleged they had given negligent advice in relation to the pub lease;
• Dispute between client and his former Solicitor regarding allegation of negligent advice about employment law claim.
• Complex and emotional claim by property owner against mortgage adviser, with issues as to whether there was a duty of care.
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Wills/Probate/Family Trusts

• Dispute between family members (adult son/current partner of deceased) regarding will and division of Estate;
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Other Dispute Resolution Experience

• Lay Panel member of the Nursing and Midwifery Council's Conduct and Competence Committee; Lay member of NHS Suffolk's Performers' List panel.
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