Ms. Rachael Bicknell

Ms. Rachael Bicknell

Rachael-Bicknell
+44131 259 4679
+447817665964
https://squaringcircles.uk
Caledonian Exchange
19a Canning Street
Edinburgh EH14 6AZ
United Kingdom
Qualified By
ADR ODR International
Experience Qualification Path
Mediator Level 4
Mediation Location(s)
  • United Kingdom
Mediation Language(s)
  • English
Intercultural Experience
Rachael has mediated disputes involving parties from Europe and the Middle East. In one of those mediations, the parties did not speak English or the same language, so the entire mediation was conducted through the parties' respective interpreters. 
Current Position and Background

Rachael has quickly established herself as one of Scotland’s top commercial mediators and is recognised as a
Leading UK Mediator in the 2023 edition of Legal 500 where she is described as "well prepared, organised, conciliatory and has excellent communication skills - all traits of a very effective mediator."

Rachael is the founder of Squaring Circles, winner of the UK National Mediation Awards 2020 Newcomer of the Year and since January 2020 she has mediated over 50 commercial and civil disputes totalling almost 450 hours of mediation time. 

Before becoming a full-time mediator, for 12 years Rachael practised as a dispute resolution solicitor at Burness Paull and Addleshaw Goddard, representing negotiating parties 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 as a solicitor, Rachael is routinely instructed in a broad range of commercial disputes. She has a particularly strong reputation in professional negligence, construction, insolvency, partnership, boardroom, family business, rural, property and employment disputes. She handles disputes across the UK involving corporates, insurers, private, public and third sector clients.

Rachael was elected to the RICS President's Panel for mediation in October 2022 and the Scottish Land Commission mediation panel in January 2021. She also teaches negotiation skills on the Online LLM in Dispute Resolution at the University of Aberdeen, a UK top-10 law school.

Mediation Practice Area(s)
  • Arts/Entertainment/Media
  • Commercial, general
  • Construction
  • Employment
  • Financial Services
  • Insurance
  • Intellectual Property
  • International Commercial
  • Real Estate/Property
  • Technology
  • Telecommunications
  • Utilities/Energy
Main Mediation Practice Area Description

Commercial and civil mediation - all areas.

Mediation Experience

Recent case examples:

A seven-figure dispute in respect of the remuneration to be paid for professional services provided to three companies, comprising director’s salary and commission based upon the sale of assets and equipment owned by the companies. Counter allegations included breach of fiduciary duties and non-performance issues.

A six-figure 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.

A six-figure professional negligence dispute against a firm of solicitors, arising from a conveyancing transaction for the sale of a farm. The dispute involved disputed matters of law including causation, loss of chance and quantum.

A six-figure domestic construction / professional negligence dispute between the main contractor and a homeowner arising from a significant renovation and extension project. The dispute involved competing expert reports on liability and quantum and a counterclaim by the main contractor for loss of profits arising from being deprived of the opportunity to complete the contract works. 

A six-figure breach of contract dispute in respect of a Utilities Agreement between a landlord and tenant of industrial premises. 

A 10-day “project” mediation of a seven-figure partnership dispute between four family members of a farming business, requiring significant process design.

A six-figure professional services dispute arising from a project to develop a large-scale forestry scheme.

A six-figure employment dispute involving complex loss calculations and 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.

A six-figure director shareholder dispute involving seven parties and two negotiating groups 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. 

A highly emotional six-figure director shareholder dispute involving five parties.

A six-figure dispute between an insolvency practitioner and a former director of a company in liquidation for repayment of the director’s loan account and further unexplained transactions.

A highly emotional six-figure 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 commercial lease / occupancy dispute conducted entirely through British Sign Language interpreters. 

A seven-figure partnership dispute between three members of a family business. 

A four-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.

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.

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.

A highly contentious dispute between a landowner and a tenant following a community buy-out of an estate in Scotland.

A highly emotional tri-party organisational conflict following cross complaints between the parties, who were elected members of the organisation. Allegations included sex and disability discrimination and numerous breaches of a code of conduct.

Mediation Style(s)
  • Facilitative
Mediation Style Description

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 east, to help them better understand each other, to see things differently, and to become invested in creatively exploring a way forward.  

Code of Professional Conduct
European Code of Conduct for Mediators
Complaint Process
Available at https://squaringcircles.uk/ 
Professional Indemnity Insurance
Available on request
Feedback Digest
Reviewer: Mr. Geoff Sharp ( ) Latest Update 26 June 2023
This feedback digest is based on 16 feedbacks from 14 mediations, which took place between March 2022 and March 2023. The disputes mediated by Rachael Bicknell were in relation to construction, professional negligence, company, insolvency, professional service and contract disputes.  All respondents rate Rachael’s mediation skills and abilities “very highly” or “highly” and would recommend her as a mediator to others. Respondents referred to Rachael as “hugely skilful”, “impressive”, “incredible” and “excellent” and praised her ability to grasp complex technical issues.  One respondent commented “Rachael is the best mediator I’ve come across in a long time” while another was impressed by “her ability to quickly understand multiple issues and competing interests and mediate complex multiparty disputes.”  All respondents were impressed by Rachael’s thorough preparation and her approach to ensuring the parties were also fully prepared. The also praised her ability to connect with the parties and put them at ease. One respondent commented “I have worked with a number of mediators and there are few who can build rapport and get to the heart of a dispute as quickly as Rachael” and another reported she “quickly won the trust of all participants.” Respondents commented on her “excellent manner”, “calm and personable demeanour”, “calm, assured and pleasant manner” and that she is “very easy to deal with”. Respondents also appreciated her “pragmatic approach”, “ability to ask probing questions to ensure the parties properly consider the alternatives to a negotiated outcome” and the way she “creates an atmosphere conducive to the parties finding a resolution.” Rachael was also praised for her “tenacity” and “resilience” in helping the parties to come to a resolution, and her ability not to give up, even when the parties remained some considerable distance apart.  All respondents were satisfied with the cost of the mediation and no negative feedback was received.
Professional Affiliation

Rachael has been admitted as a solicitor by the Law Society of Scotland since October 2007. She is a registered mediator with both the Civil Mediation Council in England & Wales and Scottish Mediation. She is also a Member (MCIArb) of the Chartered Institute of Arbitrators.

Fee Rate
Available on request
Mediation Education and Training

RICS Accredited Evaluative Mediator: October 2021
Mediating the Litigated Case at Pepperdine Caruso School of Law: March 2021
Accredited civil and commercial mediator with ADR ODR International: October 2020  
Accredited online mediator with ADR ODR International: July 2020
Certified online mediator: June 2020             
CEDR Accredited Negotiator: February 2020
Program on Negotiation at Harvard Law School: October 2019
Accredited Mediator with Core Solutions: May 2015

Mediation Teaching and Mentoring
Rachael is regularly asked to speak at conferences on mediation topics and to deliver mediation training to law firms and in-house legal teams across Scotland and the UK. A full list is available on request.