David is a qualified Barrister and Mediator
General Information
David has over 30 years experience as a Barrister in private practice and as in-house Counsel. He has acted as a barrister in litigation and advised over a wide area of activity: landlord /tenant cases, real property disputes, housing, boundary disputes, professional negligence matters (particularly solicitors) (concerning probate) and estate agents (concerning valuation)), partnership disputes, Inheritance Act claims, town and country planning, compulsory purchase and employment.
Mediation experience
David has been sole or lead Mediator in over 100 disputes. David was accredited by CEDR in 2004 and ADR Group in 2007. Since then he has mediated over a wide area, including property, planning, landlord and tenant, leasehold enfranchisement, disrepair, employment and general commercial matters. He is a Certified Mediator on the IMI (International Mediators Institute) website.
David received a CEDR exchange award on 8 December 2010 for the most challenging mediation of the past 20 years (joint with Alder Hey). David is also a qualified family mediator (ADR Group and FMA) and is authorised to conduct MIAMs assessment interviews in relation to family mediation. His family mediations have included international property.
Examples - Property
Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings originally valued at £10,000,000. The Leaseholders were represented by 5 individuals who had been the leading representatives of the Residents Association which had folded. They intended to reform the resident's association and persuade the leaseholders to accept any agreement reached. Interestingly the normal position on confidentiality was varied at the start of the mediation to allow publicity to be given to any agreement. Agreement reached.
Damages claim under Data Protection Act. Alleged by Claimant because she had been put on a list by a finance company in error as a bad credit-risk for 2 years she had lost the chance to purchase her Council house. Damages claimed at £360,000.
General commercial
Dispute under the European Agency Regulations involving payment of fees to an agent by his principal.
Dispute over building works and an allegation that the Defendant had falsely persuaded the Claimant to invest in a company in Iran.
Employment
Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity.
Constructive dismissal and stress claim.
Personal style and feedback
David has authority when dealing with procedural issues but he is not authoritarian. Parties find it easy to relax with him. He likes to work hard for agreement and does not let the grass grow under his feet.
"I would characterise the mediator's style as relaxed, informal, sensible and encouraging"
"David was just right. He had a strong personable manner. He had a clear grasp of the issues of the case. He was very good at managing time and stuck to the time schedule. We finished right on time. I would use him again."
"I was happy with him. I think he was very persuasive making sure the parties will keep the goal of settlement in mind. He was quite clear and made sure everyone would understand the benefits of agreement. I can't think of anything else he could have done better. I wouldn't have any problem using him again."
"I would like to thank David for his unflappability, humour and very down-to-earthness which was exactly what was needed in this mediation"
Other dispute resolution experience
David is also a volunteer Community Mediator.
In April 2006 David devised a pilot Mediation Scheme at a County Court in Hertfordshire. He was the sole mediator dealing with a broad range of commercial mediations, including landlord and tenant disputes, disastrous holidays, goods not fit for purpose, unpaid professional fees, building contracts. In May 2007 he was replaced by a full-time employee.
He has also been awarded an M.Sc in Conflict Resolution and Mediation Studies by Birkbeck University of London after part-time study.
Mediation Teaching experience
David has taught mediation in London and Rome (in Italian)
Other skills
Languages spoken: French, Spanish, Italian and a working knowledge of German and Portuguese. David has conducted parts of mediations in French, Spanish and Italian. He also regularly provides legal advice in Spanish and Portuguese at Latin American House.
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