Rachael Bicknell
Senior Mediator
Rachael is one of 60 commercial mediators in the UK ranked in Chambers and Partners (2024) and is also recognised as a Leading UK Mediator in Legal 500 (2024). She has mediated over 100 commercial and civil disputes and now mediates around 25 high value cases each year. In the last 2 years she has mediated disputes with a combined value of c.£50 million, and with an average dispute value of c.£1 million
Rachael consistently receives excellent client feedback and has been described as “hugely skilful”, “impressive”, “incredible”, “the best mediator I’ve come across in a long time” and “my first choice of mediator”. She is renowned for her calm, assured and personable manner, her thorough preparation, and her ability to grasp complex technical issues and to quickly understand multiple issues and competing interests. Rachael is also praised for her tenacity and resilience in helping the parties to come to a resolution, even when they remain some considerable distance apart.
Rachael is the founder of Squaring Circles, winner of a UK National Mediation Award in 2020. For 12 years she practised as a dispute resolution solicitor at two of the UK’s most successful premium law firms, specialising in commercial, professional negligence, insolvency, real estate, corporate and shareholder disputes. During this time Rachael represented clients in mediations and solicitor to solicitor negotiations of commercial disputes ranging in value from tens of thousands to multimillion pound claims.
Reflecting her former practice, Rachael is routinely instructed in a broad range of commercial and civil disputes, including those where the subject matter is out with her expertise as a solicitor. She has a strong reputation in commercial, professional negligence, construction, real estate, insolvency, company, business interruption, partnership, boardroom, family business, rural business and agriculture, inheritance and executry disputes. She is on the UK panels for the RICS and the Scottish Land Commission. She handles disputes involving corporates, insurers, private, public and third sector clients and has mediated disputes with parties from the UK, Europe, the Middle East, North Africa, the USA, Canada and Australia.
Rachael is a Distinguished Fellow of the International Academy of Mediators (IAM), an invite-only organisation of the world’s pre-eminent commercial mediators. She is also certified by the International Mediation Institute (IMI) and the Singapore International Mediation Institute (SIMI) and a registered civil and commercial mediator with the Civil Mediation Council (CMC). She trained in negotiation and mediation at Harvard Law School and the Strauss Institute at the Pepperdine Caruso School of Law respectively. She is a Fellow of ADR ODR International and on the mediation panels for the Korean Commercial Arbitration Board (KCAB) in Seoul and the ADGM Arbitration Centre in Abu Dhabi.
Rachael is now a member of the training faculty on the RICS Mediation Training Programme and until 2023 taught negotiation skills on the Online LLM in Dispute Resolution at the University of Aberdeen, a UK top-10 law school.
Practice areas
- Agriculture and rural business
- Boardroom disputes
- Building defects
- Boundary and access disputes
- Commercial and business
- Compulsory purchase
- Construction
- Contract
- Employment
- Family business
- Financial services
- Inheritance and executry disputes
- Insolvency disputes
- Landlord and tenant
- Partnership disputes
- Professional negligence
- Property, land and telecoms
- Sale of goods and services
- Shareholder disputes
- Workplace conflicts
Professional qualifications and affiliations
- Certified Mediator, International Mediation Institute (IMI)
- Certified Mediator, Singapore International Mediation Institute (SIMI)
- Registered Mediator, Civil Mediation Council (CMC)
- Accredited Mediator Law Society of Scotland
- Scottish Mediation Registered Mediator
- ADR ODR International Accredited Mediator and Accredited Online Mediator
- RICS Accredited Evaluative Mediator
- CEDR Accredited Negotiator
- Alumnus of Harvard Law School Program on Negotiation
- Alumnus of MLC, Straus Institute at Pepperdine Caruso School of Law
- Accredited Specialist in Professional Negligence Law by The Law Society of Scotland
- Practising solicitor since 2007
Mediation style and approach
Rachael’s experience of managing and negotiating a broad range of disputes, from those which have a strong emotional impact, to those where the parties are more commercially driven, enables her to appropriately adapt her mediation style to the needs of the parties, and provide legal or commercial challenge when necessary. Rachael is empathetic, engaging, inquisitive and tenacious. She works hard to put the parties at ease, to help them better understand each other, to see things differently, and to become invested in creatively exploring a way forward.
Rachael’s approach to mediation reflects her belief that it is a process rather than a one-day event. She is invested in the process from the outset and takes a proactive approach to ensure the parties are prepared for mediation. Once appointed she has a Teams meeting with the solicitors to discuss process design and logistics. Around a week before the mediation, she has separate pre-mediation-day Teams calls with the parties – clients and solicitors. Following those meetings she gives guidance on joint sessions, opening statements and preparing for the mediation, tailored to the parties and the dispute. In her experience this approach means that the parties have a more positive and effective mediation experience, come to the mediation confident that they can trust the process and focussed on trying to achieve a resolution. Feedback from solicitors always praises her approach.
Recent feedback
Chambers & Partners 2024
Extremely pragmatic, clever and open to adapting to situations.
Rachael has an understated style where she listens to what the parties want. She’s very adaptable in mediations and takes the time in advance to talk to the clients so when you start you’ve already covered some ground.
Sensible, calm and looks to get a great result.
Rachael is very pleasant to deal with and develops a good grasp of the issues without losing herself in the details.
Legal 500, 2024
Rachael is personable but direct. She is tenacious in ensuring that parties carefully consider and face up to the risks that they face in litigation and does not let them off the hook when it comes to answering difficult questions.
Legal 500, 2023
Rachael is well prepared, organised, conciliatory and has excellent communication skills – all traits of a very effective mediator.
Client testimonials
Counsel, international law firm
Rachael is a highly effective mediator with exemplary communication skills. The thorough preparation that she not only personally undertakes but also tasks to the parties, ensures the mediation day is efficient and effective. She is exceptionally smart and quickly grasps the key issues. She does not shy away from engaging in and testing parties’ views on the facts, the law and the risks they face in litigation.
Senior lawyer, international law firm
Rachael is a very skilful mediator. She has exceptional organisational skills, thoroughly prepares, and has a calm and personable demeanour. Her deft handling of the mediation, involving a mixture of private individuals, contractors and construction professionals, demonstrated her ability to quickly understand multiple issues and competing interests and mediate complex multiparty disputes.
Partner, national law firm
Rachael’s mediation style is refreshing. She takes great care to understand the case, the parties and their drivers in advance of the mediation day and this undoubtedly makes the day more focussed and directed towards getting a settlement. She is adept at winning the parties’ trust and getting them to concentrate on the nub of the issues in hand.
Partner, commercial law firm
Rachael is the best mediator I’ve come across in a long time.
Partner, Scottish law firm
Rachael swiftly identifies the issues and is robust in her testing of the parties’ positions whilst always being respectful. She played a critical role in the parties reaching a financial settlement of the claim, which also improved their ongoing relationship.
Partner, Scottish law firm
We are grateful to you for all your hard work, skill and judgement in conducting this mediation, which was instrumental in securing a successful outcome to this long-running dispute. Your input has been very much appreciated by both us and our client.
Partner, Scottish law firm
Rachael went above and beyond. She has a calm head and diffused tension in what was an emotional situation for both parties. She took time to understand the parties’ emotions and objectives in advance and was hands-on in giving helpful pre-mediation work and advice on how the parties could make the most of the day. All of which was fundamental to the parties reaching a settlement.
Partner, commercial law firm
Rachael is the best mediator I’ve come across in a long time.
Junior Counsel, London Chambers
Thank you for your excellent work, time and dedication. I had not believed that an outcome like this was possible. I will certainly recommend you.
Partner, Scottish law firm
Rachael has a strong commercial background so quickly understands the law, the facts and any client management issues. She comes across to clients and solicitors as impartial, authoritative, and pro-active. She is my first choice of mediator.
Partner, commercial law firm
Rachael is impressive, and in difficult cases. She prepares extensively and works very hard to ensure all parties prepare for the mediation, which ultimately pays dividends on the mediation day. I would not hesitate to recommend her as a mediator.
Partner, Scottish law firm
Rachael is an impressive mediator. She is excellent at establishing rapport and has considerable skill in getting the
measure of all the personalities in play and steering the mediation to best effect.
Partner, commercial law firm
Rachael very quickly grasps complex technical points and shows tenacity in helping the parties to come to a resolution.
Partner, Scottish law firm
Rachael is well prepared, calm, assured and has a pleasant manner. She is resilient and doesn’t give up helping the parties to reach a deal even when they remain some considerable distance apart.
Partner, commercial law firm
Rachael grasps issues quickly and is excellent at building rapport. She is just what you want in a serious commercial mediator.
Partner, commercial law firm
Rachael, you were fantastic. Your careful preparation was also much appreciated and did not go unnoticed. I will definitely recommend using you in future.
Director, commercial law firm
I have worked with a number of mediators and there are few who can build rapport and get to the heart of the dispute as quickly as Rachael. She has an excellent manner and her approach to preparing the parties ensures the mediation day is as efficient as possible.
Senior Lawyer, City law firm
Thank you again for yesterday. [The client] is very happy with the result and very glad it is all over. I also very much appreciated your skill and patience. I hope we get the chance to work together in the future.
Senior Associate, Scottish law firm
Rachael is pragmatic, communicates effectively and creates an atmosphere conducive to the parties finding a resolution. She is excellent at building rapport and controlling the process. I rank her highly amongst the other mediators with whom I have experience of working.
Senior Associate, commercial law firm
Rachael is very quick to grasp complex legal and factual issues and is very pragmatic in her approach. She is an excellent mediator.
Consultant, City law firm
Rachael brings a calming presence and is very good in tense situations.
Associate, international law firm
Rachael is very effective in helping the parties tackle tricky legal issues while never losing track of the commercial realities. She quickly hones in on what really matters to each side.
Party to a mediation
We were so impressed with your professionalism, efficiency, patience and commitment to stick with us all, until an agreement could be made. There is no doubt that without you, we would not have reached an agreement, and we are truly grateful to you for this.
Party to a mediation
Rachael is calm, professional and challenges positions in a collaborative way. She is effective at getting the parties to look at the positions of both sides from different perspectives and in bringing the parties together rather than simply acting as a go-between.
Party to a mediation
Rachael, I was so impressed by you at the mediation today. Everyone completely trusted you and you did it all with such brilliant care and thought. Your hard work was completely invaluable, and you demonstrated that you are hugely skilful.
Party to a mediation
Rachael’s professionalism, teamed with obvious empathy, patience and great skill was impressive.
Party to mediation
We owe Rachael great thanks for her skill and commitment.
Case examples
Professional negligence
> £8 million professional negligence claim against a firm of solicitors in respect of alleged negligent advice relating to a personal injury claim by two claimants. The dispute involved a very complex factual matrix, disputed matters of law including complex prescription (time bar) and limitation arguments, liability, causation and quantum, and multiple competing expert reports.
c.£2 million professional negligence claim by a national infrastructure company against a firm of solicitors, arising from a series of conveyancing transactions. The dispute involved a complex factual matrix and disputed matters of law including liability, scope of duty, causation, loss of chance, prescription (time bar) and quantum.
c.£900,000 professional negligence claim by an estate owner against a firm of solicitors relating to an agricultural tenancy. The dispute involved a very complex factual matrix and complex disputed matters of law including causation, loss of chance and quantum.
£250,000 professional negligence claim against a firm of solicitors in respect of alleged negligent advice relating to the recoverability of sums due under numerous loan agreements. The dispute involved complex disputed matters of fact and law including liability, causation, prescription (time bar) and quantum.
Construction, energy and infrastructure
A complex 12-party £2.5 million commercial construction dispute between the employer, main-contractor, engineering consultants and sub-contractor and multiple owners of a neighbouring property damaged during the construction of an adjacent building. The dispute involved a very complex factual matrix and disputed matters of fact and law including liability, scope of duty, causation and quantum.
c.£950,000 dispute in respect of the design and construction of a flood alleviation scheme. The dispute involved disputed matters of law including liability, causation and quantum.
c£500,000 breach of contract dispute in respect of a Utilities Agreement between a landlord and tenant of industrial premises.
£450,000 breach of contract dispute between a main contractor and sub-contractor in respect of allegedly defective offshore oil and gas works in the Black Sea.
£200,000 domestic construction dispute between a property developer and homeowner relating to the construction of a new property. Claim for unlawful retention of funds and additional works and counterclaim for professional negligence. The dispute involved numerous competing expert reports, disputed liability, causation and quantum.
Company, director and shareholder
c£1.5 million dispute in respect of the remuneration to be paid to a former director for professional services provided to three companies. Highly emotional dispute with counter allegations including breach of fiduciary duties and non-performance issues.
c£1.4 million claim for breach of warranty and misappropriation of funds between the purchaser and seller.
c.£800,000 breach of trust and shareholder dispute between a father and daughter who had founded a limited company.
c.£400,000 breach of contract and restrictive covenant dispute between a former founding director and the limited company.
c.£400,000 family business dispute between four family members relating to their interests in a limited company. The dispute involved a complex factual matrix and allegations including diverting company money and acting in breach of fiduciary duties and for disputed financial transactions exercised under a power of attorney in respect of a fifth family member.
c.£400,000 dispute between a former director and limited company involving allegations of fraud, fraudulent misrepresentation and breach of fiduciary duties.
A six-figure multi-party director shareholder dispute arising from a failed joint venture. Claims included alleged breaches of fiduciary duties, a shareholders’ agreement and non-disclosure agreements, dishonest assistance and unlawful use of confidential information.
c£365,000 highly contentious tri-party breach of contract and restrictive covenant dispute between two competing employment agencies and the employee.
Insolvency
£1.2 million claim by an insolvency practitioner against a former director of an insolvent company pertaining to numerous alleged breaches of fiduciary duties including false accounting entries and a “sham” sale of the shares in the company to convert a significant debit balance on the director’s loan account into a credit sum due to the director.
c.£300,000 claim by an insolvency practitioner against a former director of an insolvent company pertaining to alleged disposal of assets at undervalue, unexplained payments to the director and associated persons in preference to the general body of creditors and fraudulently claiming a bounce bank loan.
c.£145,000 claim by an insolvency practitioner against a former director of an insolvent company for repayment of director’s loan and alleged unexplained transactions.
c.£100,000 claim by the liquidator of a farming business against a firm of solicitors in respect of alleged negligent advice relating to a conveyancing transaction.
Telecoms
A seven-figure telecoms dispute between a large mobile network operator and site provider in respect of the application of the new Electronic Communication Code to the site provider’s redevelopment plans and the MNO’s paragraph 33 notice.
Rural business
> £12 million family business dispute relating to the farming partnership and wind farm companies and involving complex issues of partnership law.
c.£200,000 professional services dispute arising from a project to develop a large-scale forestry scheme.
A 10-day “project” mediation of a seven-figure partnership dispute between four family members of a farming business, requiring significant process design.
Farming partnership dispute between a husband and wife following the separation of their marriage.
An access dispute between a farming partnership and the neighbouring farm owner in respect of the cost of maintaining and repairing an access road and related repairs over which the neighbouring farm owner had a servitude right of access.
Real Estate
c.£300,000 dispute between two family members in respect of an action for division and sale.
A highly emotional commercial lease / occupancy dispute between a charity and a club, conducted entirely through British
Sign Language interpreters.
A highly contentious dispute between a landlord/landowner and a tenant following a community buy-out of an estate in Scotland.
A highly contentious boundary dispute between two neighbours of rural properties.
Intellectual property and technology
A five-figure breach of contract dispute between a rural landowner and a software company in respect of an allegedly defective customer relationship management system.
A highly contentious five-figure breach of contract and intellectual property dispute, including breach of copyright and breach of moral rights, between a freelance graphic designer and a start-up company which had created and designed a new product.
Employment
c£550,000 dispute between a public sector employer and former senior employee for fraud and breach of contract.
c£165,000 employment dispute involving several heads of claim including breach of contract, redundancy payments, underpayment of notice pay and holiday pay, historical claims for underpayment of holiday pay and non-payment of annual leave accrual.
Inheritance and executry
A 2-day and c.£1 million executry and inheritance dispute between family members involving a farming partnership, heritable property interests and farm assets.
A highly emotional £400,000 inheritance dispute between the deceased’s children and former partner in relation to two disputed wills and the transfer of a property involving allegations of undue influence and facility and circumvention.
A highly emotional c.£60,000 dispute between family members who were the executors and sole beneficiaries of their mother’s estate.
Boardroom and workplace
A 3-day mediation between the board and the CEO of a high profile third sector organisation.
A highly emotional tri-party organisational conflict following cross complaints between the parties, who were elected members of the prestigious organisation. Allegations included sex and disability discrimination and numerous breaches of the organisation’s code of conduct.
A 4-day mediation of a six-party boardroom and employment dispute requiring significant process design. Highly contentious dispute with various strands of conflict at board level and between one board member and an employee.
A workplace dispute between two senior executives in a North African branch of a global manufacturing business.
A highly emotional workplace dispute between two senior colleagues of an international construction and infrastructure company involving allegations of harassment and sexual harassment.
A highly emotional workplace dispute between an employee and their line manager following the conclusion of both a disciplinary process against the employee and thereafter a grievance process against the line manager.
Squaring Circles
PHILOSOPHICAL MEANING – to see equally in four directions – up, down, in and out
METAPHORICAL MEANING – attempting anything that seems impossible
Squaring Circles
PHILOSOPHICAL MEANING – to see equally in four directions – up, down, in and out
METAPHORICAL MEANING – attempting anything that seems impossible