Andrew Miller

Mediation, Arbitration, Arbitration & Project Dispute Resolution, Insurance & Reinsurance, Construction & Property Damage, International Project & Arbitration, Commercial Dispute Resolution, Professional Negligence

Andrew practices as a KC and as a Mediator and Arbitrator, using his specialist expertise in commercial, construction, insurance, product liability, property damage and professional negligence disputes.  Andrew also has significant experience of international arbitration in (among others) Brunei, Singapore and the Philippines.  Andrew’s KC, mediation and arbitration practice includes domestic and international construction disputes, property damage claims, especially arising from floods, fires, explosions and subsidence,  insurance and reinsurance, coverage disputes, policy construction and interpretation, professional negligence, particularly claims against architects, engineers, surveyors, other construction professionals and insurance brokers.

Andrew has used his background as a successful KC commercial practitioner to become a practical, efficient, approachable and user-friendly mediator.  Andrew is both CEDR and RICS accredited.  As a proponent of the ‘Active v Passive’ methodology of mediation, Andrew engages with the process and does not hesitate to debate and reality check with the parties in order to find a solution. Andrew welcomes a direct approach at all stages of the mediation and is very adaptable and able to deploy a blend of facilitation and evaluation to suit individual mediations and the parties’ needs and requirements. Andrew is an advocate for ‘Early Stage Mediation’ (ESM). Andrew has acted as lead mediator in commercial disputes valued at between £50,000 and in excess of £100m. He has received glowing feedback and testimonials on his performance and skill as a mediator.  One example summed up his approach and mediation style:

“Andrew's performance as a mediator was excellent in two senses. Firstly the dispute was settled, and settled on the day. The parties’ positions were far apart (liability and quantum) but Andrew forced each side to recognise their weaknesses and consider very seriously the issue of 'what if...'. The second area that really impressed me was Andrew takes the position of mediator incredibly professionally and involves you in the theory and practice of the mediation so that you get the most out of it. Other mediators that i have used either don't adopt this approach (messenger type mediators) or are not as adept at it; mediator is a skilled role (the importance of which is only really becoming recognised) and Andrew is a ‘Master of It’. I sense that Andrew has a passion for mediation and will move the industry forward.” Senior Solicitor Partner – London

Andrew has consistently been recognised by clients and in the legal directories for his strong negotiation and tactical skills. He is praised for his commercial approach to the resolution of disputes, whether in the traditional litigation forum, mediation and arbitration.

Andrew has taken a pivotal role in the advancement of Remote Mediation during the Covid-19 pandemic.  He was one of the first mediators to run a remote/online mediation, a week prior to lock down.  Since March 2020, Andrew has mediated remotely extensively in a range of disputes and over a variety of jurisdictions both throughout the UK, Australia, Canada, France, Germany, Hong Kong, Italy, Jersey, Lithuania, Portugal, Philippines, South Africa, Singapore, Spain, Turkey and the USA. .  Andrew has continued to give seminars (on-line) and write regularly on mediation and in particular the advantages and disadvantages of remote mediation.  He has a loyal following of in excess of 29,000 professionals around the world on his LinkedIn platform.  Andrew is well known for his informative and amusing LinkedIn Posts and for leading debates on mediation through the LinkedIn platform.

In September 2020 he was awarded Civil/Commercial Mediator of the Year 2020/2021 by the Civil Mediation Council at the National Mediation Awards 2020.  In 2020, Andrew was also elevated to the RICS’ President’s Mediator Panel.

Andrew also practices as a single and panel Arbitrator in commercial arbitrations and has been a Fellow of the Chartered Institute of Arbitrators (FCIArb) since 1999. Andrew has been involved in domestic and international arbitrations up to the value of US$500m.   As Arbitrator Andrew applies a hands-on approach to the procedural management of arbitrations.  Andrew works with the parties to the arbitration by ensuring that the key issues in dispute are properly ventilated and addressed during the course of the arbitration.  Andrew spent 22 days of 2019 and 2020 in Manila as co-arbitrator in an ad-hoc arbitration concerning the destruction of a chemical plant in the Philippines in 2013.

Andrew is also a trustee of the Chartered Institute of Arbitrators (CIArb).  In his role as trustee he has championed the greater use of mediation in arbitration.  He is working with CIArb on producing an international guide for arbitrators, arbitration counsel and users of arbitration on the benefits and use of mediation as part of the arbitration proceedings or as an alternative to arbitration.  Andrew has spoken regularly on Med-Arb and Arb-Med.

PUBLICATIONS

September 2020: Are we asking the right questions about Mediation? -  Resolver (CIArb) Winter 2020

April 2020 – Mediating your way around Covid-19.  Remote Mediation – If not now when? – LinkedIn and other Publications.

October 2019:  When does voluntary mediation become mandatory? – 2TG Commercial Blog and IPOS.

August 2019: The Singapore Mediation Convention:  One Small Step for Mediators, One Giant Leap for Mediation? – UK Mediation Journal – Issue No.9.

January 2018: Mediation in Cross Border Disputes:  A Natural Choice, But not for All. UK Mediation Journal – Issue No. 6.

October 2017: Mediation – Is it any longer an alternative dispute resolution process? Corporate LiveWire.

September 2017:  Is the Court of Appeal sending out mixed messages about mediation? Lawyer Monthly.