London Commercial Mediation Lawyer: Expert Settlement Counsel

Philip Rubens is a Legal 500-ranked dispute resolution lawyer with over 30 years of experience, offering expert commercial mediation services. Based in London, he provides discreet, strategic counsel to ultra-high-net-worth individuals, corporations, and international investors seeking to resolve high-value disputes efficiently and effectively.

Having been involved in over 60 mediations, both as counsel representing clients and as an appointed mediator, Philip brings a dual perspective to the settlement process. He leverages his extensive litigation and arbitration experience to help clients navigate complex negotiations and achieve commercially astute outcomes in disputes typically valued at £1 million or more.

When is Mediation Advantageous?

Mediation is a flexible and confidential process where a neutral person helps the parties in a dispute to reach an agreement that they can all accept. It is often the most commercially sensible way to resolve a dispute.

Key benefits include:

• Confidentiality: The entire process is private and “without prejudice,” meaning discussions cannot be used in court if a settlement is not reached. This protects reputations and sensitive commercial information.
• Speed and Cost-Efficiency: Mediation can resolve a dispute in a matter of days or weeks, avoiding the prolonged timelines and significant costs associated with court proceedings or [International Arbitration].
• Control and Creativity: Parties retain control over the outcome. In contrast, during a trial, a judgeimposes a decision. This allows for creative and practical business solutions that a court could not order.
• Preservation of Relationships: By fostering constructive dialogue, mediation can help preserve valuable commercial or personal relationships that litigation would likely destroy.

Philip’s Role in Mediation

Philip’s extensive experience allows him to act in two distinct capacities, depending on the client’s needs.

• As Counsel Representing a Client, Philip serves as your strategic advocate. He prepares your case, advises on negotiation strategy, and robustly represents your interests during mediation. His objective is to secure the best possible settlement for you, leveraging his deep understanding of the dispute’s legal merits and weaknesses.
• As an Independent Mediator, Philip is also instructed to act as a neutral mediator, appointed jointly by the parties to facilitate a settlement. Drawing on his experience across numerous sectors, he helps parties identify common ground, test the strengths of their positions, and explore creative solutions to break a deadlock.

Representative Mediation Experience

Philip has successfully guided clients through mediations across a range of sectors, including fund management, hospitality, real estate, and financial services. To maintain client confidentiality, the following examples are anonymised:

• Acted as settlement counsel for an international property developer in a multi-party mediation concerning a high-value real estate project in London, achieving a complex commercial settlement.
• Advised a fund manager in a dispute with investors over alleged mismanagement, resolving the matter confidentially and preserving key business relationships.
• Successfully mediated a dispute between shareholders of a technology firm, facilitating a structured buyout and avoiding protracted [High Court Litigation].
• Advised a US-based client in the mediation of a breach of contract claim against a UK supplier, navigating cross-border legal issues to reach a favourable agreement.
• Represented a client in a mediation concerning a financial services dispute, which also had regulatory implications involving the FCA. For more on this, see our page on [FCA Defence Work].

Why Instruct Philip Rubens?

Success in mediation requires a unique blend of legal acumen, negotiation skill, and commercial pragmatism. Clients trust Philip for his proven ability to deliver results in high-stakes negotiations.

• Dual Perspective: His experience as both counsel and mediator provides a 360-degree view of the process, enabling him to anticipate tactics and identify settlement opportunities.
• 30+ Years’ Dispute Experience: His background as a litigator ensures that all negotiation advice is grounded in a realistic assessment of the alternative: a court battle.
• Partner-Led, Discreet Service: Clients receive direct, personal service from Philip, ensuring senior expertise and the utmost confidentiality throughout the process.
• Sector-Specific Knowledge: Deep experience in mediations involving financial services, hospitality, real estate, and fund management.
• International Fluency: Adept at managing the complexities of cross-border mediations, including collaborating with foreign counsel and navigating cultural differences for clients from the US, India, and the Far East.

The Mediation Process & Preparation

Thorough preparation is the cornerstone of a successful mediation. The process typically involves:

1. Pre-Mediation Strategy: We begin with a clear-eyed analysis of your legal position and commercial objectives to define your settlement parameters and negotiation strategy.
2. Position Papers: A concise, persuasive position paper is drafted for the mediator, outlining the key facts, legal arguments, and desired outcomes.
3. The Mediation Day: Philip will represent you, leading negotiations, advising on offers, and managing the dynamic of the discussions to steer the process towards your goals.
4. Settlement Mechanics: If an agreement is reached, the terms must be documented accurately and immediately in a legally binding settlement agreement. Philip ensures this is done meticulously to prevent future disputes.