Qualification Path

Category 2: CEDR Solve Direct

English

French

German

Italian

Portuguese

Spanish

Current Position & Background

David was accredited by CEDR in 2004 and ADR Group in 2007. He also holds an MSc in Conflict Resolution and Mediation Studies from Birkbeck College London University

Since 2004 he has mediated over a wide area, including property, landlord and tenant, planning, leasehold enfranchisement, disrepair, wills and probate, employment and general commercial matters.

David has 32 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, the duties of Councillors in local government, town and country planning, employment, contracts in restraint of trade, discrimination and defamation.

Main Mediation Practice Areas

Land and Real Property
Disrepair
Landlord and Tenant
Town and Country Planning
Professional Negligence (mainly solicitors and surveyors)
Trusts and Charities
Wills and Probate
Boundaries
Construction
Employment
Discrimination

Mediation Experience

David has acted as amediator in over 140 cases. These have included multi-party cases.One multi-party case involved 215 parties (!) which was reduced to six for purposes of the mediation.

Representative mediations include:

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 at £200,000.

Compulsory Purchase valuation of Motorcar business-£2m

Family mediation -houses in U.K and USA-agreement reached

Company based in Denmark wanted payment for its alcohol measuring equipment. Agreement reached
Claim for £200,000 for flood damage to Chemist’s shop during badly executed building works. Settled at £103,000

Dispute between two building companies-Bengali interpreter required. Agreement achieved.

Claim for payment for allegedly badly constructed stable-block on farm.

Dispute between leaseholder and joint freeholders involving 4 parties - originally valued at £200,000. Settlement was reached -3 parties (all freeholders and family members) would each pay £22,000 to the Leaseholder

Inheritance Family Provisions Act in relation to the proportion of the estate to be received by the former wife of the deceased. Agreement reached

Claim for fee for providing a report for a planning inquiry which was alleged to be substandard.Agreement reached after 4 hours.

Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity. Agreement achieved.
Constructive dismissal and stress claim. Agreement achieved.

Mediation Style

David is a facilitative mediator who is calm, efficient and good-humoured. He is conscious of the value of time, gives regular time checks to the parties and does not keep them a moment longer than necessary.
Whilst David regards himself as facilitative, he is aware that some people may regard him as evaluative. Somebody once said that if the mediator raises his eyebrows that is evaluative.
David normally proceeds by asking searching questions in relation to costs and risk. He cannot guarrantee he will not raise his eyebrows ! Although he is a barrister he never gives advice when acting as a mediator.

Code of Ethical Conduct

IMI Code of Professional Conduct

Complaints Process

IMI Professional Conduct Assessment Process

Professional Indemnity Insurance

The Bar Mutual Indemnity Fund

Feedback Digest

Reviewer: Richard de Rivaz ( rderivaz@specialistmediators.org )
Latest Update: 24 Sep 2009 11:35

This Feedback Digest is based on 10 feedbacks in 25 mediations initially submitted on 24th September 2009.

David has carried out a significant number of mediations for Specialist Mediators LLP as well as other Mediation Providers and has a high settlement rate of around 90%. As a working Barrister David has developed a friendly and robust manner. This robustness is tempered at a mediation (I have personally seen him in action). He can identify the issues clearly and is able to focus parties on the matter in hand. Parties give positive feedback as to how they view him:

'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 the time, and stick 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 make sure everyone would understand the benefits of an agreement. I can't think of anything else he could have done better. I wouldn't have any problem using him again.'

Where parties have provided feedback that for example they were unhappy being addressed by their first name (normally beneficial at a mediation), David has taken this on board and modified his approach.

Development of mediation skills is a continuing process. David is committed to develop his skills further as well as keep his CPD requirement up to date and has recently been awarded an MSc in Conflict Resolution and Mediation Studies (a 2 year part time course at Birkbeck College London University). David is a Designated Member of Specialist Mediators LLP and the Chair of Lambeth Community Mediation. In both roles he has a responsibility for providing feedback and peer review to other mediators.

Professional Affiliations

Barrister at Law at Tanfield Chambers London WC1R 5DJ (www.tanfieldchambers.co.uk)
CEDR accredited and CedrSolve panel member
ADR Group accredited and ADR NET panel member
Designated Partner at Specialist Mediators LLP (www.specialistmediators.org)
Lawworks mediation panel member
LAMP Lewisham Community Mediation panel member
PEBA- (Planning and Environment Law Bar Association)
ELBA-(Employment Law Bar Association)
ALBA-(Administrative Law Bar Association)
PBA- Property Bar Association

Fee Rate

If arranged through specialist mediators (www.specialistmediators.org) the fee is on a sliding scale depending on the value of the dispute and the amount of time required. Please visit the website and click on to "costs estimate".

There is no charge for preparation by the mediator but there is an overtime charge if the mediation goes above the allotted time.

Mediation Education and Training

CEDR accredited 2004
ADR Group (Commercial) accredited 2007
MSc (Merit)Conflict Resolution and Mediation Studies -Birkbeck College University of London
ADR Group (Family) accredited 2010

Mediation Teaching and Mentoring

Lectured at CEDR Exchange Forum on Confidentiality in Mediation-2008
Led Workshop on Mediation post Woolf in 2009 at the Institute of Family Therapy London
Lectured at the Legal Institute of Lazio in Rome (In Italian) on the English experience of Mediation 2010.
Led Workshop on the experiences of Senior Mediators at CRMS Birkbeck in 2011