Council Members

Austin Kenny, Chairman

Aoife Gaughan, Vice Chair

Helen Kilroy

Joe Behan,

Jim Coady,

Helen Collins

Karen Erwin

John Madden

Stuart Margetson

Conor McCormick

Dermot McEvoy

David Nolan

Paul Quinn

Gregory Hunt

Kieran Wallace

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

Partner, Dispute Resolution & Litigation “….very bright and thoughtful and pays attention to detail.” Chambers Global 2008

Dermot is a CEDR accredited mediator of 4 years standing. Dermot has run (as principal mediator) a number of mediations in Ireland and assisted in 2 mediations in the UK over the last 4 years. Dermot has obtained a specialist expertise acting for clients in the construction industry where mediation is mandatory and as a result regularly acts for clients in construction related mediations / conciliations.

As a legal practitioner Dermot specialises in commercial disputes in financial services, commercial property and construction sectors and in environmental and planning areas. Dermot also has specialist expertise in boardroom disputes and disputes between shareholders, as well as dealing with general claims for breach of contract, negligence etc.

Dermot’s recent experience includes:

- Acting as Mediator in a very large shareholder dispute, concerning a development outside Ireland, where the parties had issued Commercial Court

proceedings and had a 2 weeks window to resolve the dispute before going to Court. The mediation resulted in a satisfactory settlement.

- Acting as Mediator in an ongoing employment dispute, involving a multi national and Irish Executive. After a number of meetings the parties agreed a satisfactory compromise

- Acting as Mediator in a shareholders dispute, relating to the division of a property portfolio. Again this resulted in a satisfactory settlement·

- Acting as Mediator in an ad hoc mediation arising from a construction dispute, where one of the parties had issued Injunction proceedings. If agreement had not been reached within very tight timescale the matter was scheduled for a interlocutory court hearing or a possible doomsday for the debtor that they would go into liquidation. Again a satisfactory settlement was achieved.

- Currently acting in a tri-part ate dispute in relation to water ingress for a retail and licensed premises involving claims worth €4 million.

- Acting as advocate in a range of construction disputes which have been referred to mediation for diverse issues involving claims for extensions of time, damages, delay and disruption and other related claims.

- Acting in a range of Judicial Review cases arising from decision of planning and regulatory authorities.

- Acting for developer in a 12 day case before the Commercial Court on what constituted the contract documents.

- Acting for Plaintiff in a environmental contamination of product claim which was before the High Court for almost 50 days, prior to settling on terms.

- Acting for a manufacturer of machinery in a claim before the International Chamber of Commerce arising from alleged claims for fundamental breach of contract. The claims arise due to alleged failure of equipment just prior to the expiry of the latent defect and warranty period in the contract.

- Acting for an electrical engineer making claims against the supplier of product for substantial losses suffered arsing from the supply of defect product which was installed on an International Airport runway landing strip.

Dermot has published a number of articles in Irish Construction Industry Magazine and in Construction and Property News. He is a highly recommended individual in dispute resolution in PLC Which Lawyer and recommended in Chambers Global for the last number of years. Dermot is also a regular publisher in PLC Which Lawyer. Dermot is also a regular speaker at Eversheds O’Donnell Sweeney client seminars and has been a guest speaker at other events.

Dermot is a member of the Law Society of Ireland, the Dublin Solicitors Bar Association, and the Irish Environmental Law Association. Dermot is also a CEDR accredited mediator since January 2004.

t: +353 1 6644 238

f: +353 1 6644 335

e: dmcevoy@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.

PAUL QUINN

Paul’s background is in the hospitality and insurance industries. In addition to acting as an independent mediator, Paul is a financial consultant to the hospitality industry, specialising in increasing revenues from new markets and reducing and controlling costs, particularly with hotels that are struggling to come to terms with the current economic environment. A third generation hotelier, he has worked in this industry for the past 20 years and part-owned and managed a hotel which, after a large capital investment, ran into extreme trading difficulties resulting in larges losses. These losses were reversed and the hotel was sold in 2006 for a significant return on investment. Paul then spent 2 years with Quinn Insurance as their Claims Litigation Manager with responsibility for all litigated claims. He has been involved in a number of complicated and large disputes involving may different types of parties, from commercial organisations to individuals and also a number of Mediations regarding family businesses, having been a been a party in 2 of them.

JIM COADY

HELEN COLLINS

CONOR MCCORMICK

GREGG HUNT

KIERAN WALLACE

DAVID GRIFFIN

About ICMA