Eve Pienaar

“Thank you for your considerable efforts in getting the parties over the line. There was a danger it might not have happened,but your persistence and innovation was key to getting the deal done.”

 

Mediation Feedback

Overview

Highly experienced commercial and workplace mediator, Eve has worked on over 200 commercial mediations in a variety of sectors. Eve’s mediation practice includes contractual, corporate, partnership, professional negligence, property and construction, trusts and probate and workplace disputes. Eve has worked with multi-party cases, in the UK, France and Spain. Her experience of cross-cultural and commercially complex disputes includes co-mediating public sector litigation and procurement disputes. Eve actively promotes mediation and has spoken on the subject at mediation symposiums in the UK, France and Spain. She coaches and assesses mediators and contributed a chapter to How to Master Commercial Mediation, by the late David Richbell.

Style and Approach

Eve combines a calm and professional approach with incisive analysis of the legal risks. She takes the time to fully understand the case and identify the commercial opportunities each dispute presents. Good preparation is an investment in successful mediation and Eve works closely with each party, ahead of time, to have the tools and information available on the day. This affords each mediation the best possible opportunity of reaching settlement on the day.
Patient and persistent, Eve will not hesitate to challenge parties where necessary, to enable movement and encourage offers. She gets to the core of the issues and encourages the parties to focus on future strategic interests, beyond the strictly legal analysis. She works well in high emotion environment, bringing her experience of probate and partnership disputes to bear in helping the parties to work through emotional blockers.
Eve has worked in senior in-house Counsel roles for many years and has acquired sophisticated commercial and risk management acumen. Above all, Eve believes her role is to ensure parties make informed decisions, based on sound risk assessment, commercial viability of a settlement agreement.

Expertise

  • Commercial contracts
  • Company and shareholder
  • Construction
  • Professional negligence
  • Property
  • Workplace.

Experience

Commercial contracts

  • Cross border dispute over standard of services provided under architecture and design contract for Azerbaijan procurement project (mediator);
  • Alleged breach of contract under agreement for the development and maintenance of CRM software for UK University (mediator);
  • Joint venture dispute over allocation of assets, upon exit of one of the partners (mediator);
  • Standard of service delivered under multi-site telephony provision for NHS hospital trusts, default of payment terms (mediator).

Company and shareholder

  • Directors and shareholders of property company in litigation over service fees accounts;
  • Partnership dispute in relation to French software service provider, resulting in exit of one of the partners in staged process (mediator);
  • Franchise agreement dispute over application and scope of restrictive covenants, in estate agency sector (mediator);
  • Dysfunctional board of trustees of private sector secondary school, facilitation and mediation (mediator).

Construction

  • Alleged defects in design and construction of high end residential building and excavation of basement (mediator);
  • Final account dispute over construction of multi-utility infrastructure project (mediator);
  • Whether contractor had complied with scope of services under contract for the renovation of mansion block (mediator);
  • Allocation of liability between Architect, Employer and construction services company under RIBA Standard Building Contract, in construction of new residential development (mediator);
  • Electricity supply to industrial estate, from national grid, substation diversion and utility cost allocation between sites on the estate (mediator);

Professional negligence

  • Alleged defect in valuation of property based on subsidence damage becoming apparent after purchase (mediator);
  • Quality of advice provided by law firm in relation to IP rights management of media sector client (mediator);
  • Standard of care exercised under architecture and design services agreement, for residential new build (mediator);
  • Quality of SEN provision by local Council, over schooling life of student with profound disabilities (mediator).           

Property

  • Right of way over privately owned land, by adjoining caravan park owner (mediator);
  • Boundary dispute and alleged trespass, between 3 neighbours, over unregistered land adjoining their respective properties (mediator);
  • TOLATA case in relation to administration of estate where surviving son refused to vacate property – trespass and provision for dependants claims (mediator);
  • Extent of right of way over neighbouring land where adjoining owner had permitted change of use by acceptance, over time (mediator).

Workplace

  • Reasonable adjustment provision for support staff with disabilities on University campus (mediator);
  • Team facilitation where 4 members of a Manager’s team had brought bullying grievances against Manager, grievance appeal findings disputed (mediator);
  • Grievance against member of staff by female staff member following allegations of sexual harassment (mediator);
  • Breakdown in communications between incoming manager and her team, over implementation of performance measures and new working procedures (mediator);
  • Long term sickness absence due to stress, ongoing grievance against manager and facilitation of return to work plan (mediator);

    Professional Qualifications

    • UK Solicitor

    Career History

    • 2020 – current, Sedex Company Secretary (part time to accommodate mediation practice)
    • 2017 – 2019, RIBA Director of Governance & Legal Affairs (part time)
    • 2002 – 2017, RICS Director of Legal, Governance & Compliance (part time)
    • 1996 – 1999 Warner Bros VP New Business Development
    • 1995 – 1996 Young & Rubicam Head Legal Counsel EMEA
    • 1991 – 1995, United International Pictures Director, Business Affairs
    • 1987 – 1991, Clifford Chance Solicitor

    Accreditation

    • 2007 CEDR Accreditation  
    • 2008 CEDR Panel member (Chambers)   
    • 2012 CEDR Faculty Coach and Assessor 
    • 2012 IMI Council for Mediators member