Leaders List interview: 60 seconds with Oliver Hallam, Oliver Hallam Mediation

Date: 11 Sep 2024

Karen Jones

This week’s 60-second piece is dedicated to Oliver Hallam, Managing Partner of Oliver Hallam Mediation.

Tell me about your role

As a mediator, my focus is to facilitate the resolution of private wealth disputes. Mediation offers a bespoke and adaptable process which can be customised to address the challenges presented by each situation. In my role, I maintain an independent and neutral stance, empowering the parties involved to explore and negotiate their own solutions. The process provides an alternative to the courtroom. My expertise is valuable in navigating intense emotions and communication difficulties that often arise within the legal and psychological landscapes of these disputes.

How has the private client industry changed over the last ten years?

The private client/private wealth sector has undergone significant transformation over the past decade, adapting to the rapidly evolving complexities of our society. Where traditional, generalist approaches once dominated, we now see a trend towards increased specialisation. This evolution reflects the challenges our clients face—from international cross-border issues and digital assets to mental capacity and the dynamics of modern family structures like unmarried couples and blended/modern families to the cultural and religious influences that come with working in an international capacity. Additionally, there’s a heightened focus on promoting equality, diversity, and inclusion. These shifts have cultivated a demand for experts such as myself where specialist knowledge is useful and increasingly sought after.

Can you tell us about one of your clients?

My clients come from various backgrounds, including families new to wealth, those who have stewarded their wealth across centuries, business leaders, and sports personalities. While the assets in dispute and the legal intricacies vary, a common thread in all these cases is a breakdown in communication. Whether it’s a longstanding family enterprise or a recent partnership, the root of many disputes is often a misalignment in understanding or expectations. Conflict, while a natural part of human interactions, needs careful navigation, and that’s where my expertise comes into play.

When does mediation work and when does it not work?

Mediation is highly effective, with research indicating a success rate of about 85%. Most disputes that do not settle during the initial mediation often reach a resolution shortly afterwards. The process benefits greatly from the intervention of an experienced neutral third party, who can help unlock even the most seemingly intractable disputes. However, success is not guaranteed, and the reasons for mediation not working can be multifaceted. Administrative issues such as insufficient preparation or a lack of critical information can hinder effective decision-making, and this is where using a mediator really pays dividends. Psychological factors, including unexpected surprises, entrenched mindsets, cognitive biases, external influences, or underlying mental health issues and trauma, can also impede progress. Each case is unique, and while mediation does not serve as a silver bullet, it provides a vital platform for dialogue and resolution.

Tell me about an achievement you are most proud of?

I am proud that I made the decision to leave private practice where I was a Partner in a leading private wealth team to start my own mediation practice and do something I am really passionate about. Again and again I see families getting stuck over key decisions. Communication dries up and the family heads towards the litigation railroad. Mediation offers another way to work things out. It is behind closed doors and can be arranged to suit the family’s circumstances. Each family that manages to resolve their difficulties makes me so pleased that they decided to try mediation. Many say they wish they had tried it years ago.

What trends do you see?

Currently, many families are grappling with the long-term consequences of decisions and events that unfolded during the pandemic. The necessity for rapid decision-making in areas such as end-of-life care, estate planning, and business succession – often under strict government-imposed restrictions – has left many family members struggling with unresolved grief, trust issues, and a lack of closure. These challenges have compounded the existing strains on family succession dynamics, which are increasingly complex due to evolving family structures.

Despite these challenges, I remain optimistic. Mediation is being recognised and utilised more extensively as a vital tool in addressing these sensitive family matters. The legal experts within the private wealth space are (in my view) increasingly committed to promoting mediation, acknowledging its effectiveness in fostering understanding and resolution in these deeply personal disputes.

What do you do to unwind?

I grew up on a farm so spending time outside always helps me to re-set, either alone walking the dog after a difficult mediation or on a “walk and talk” with my family. People find it easier to talk when they are walking. I recommend it in mediations when parties are stuck and to anyone that is seeking clarity.