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Mediator David Daly

Mediator & Barrister

Mediator David Daly SPECIALISMS

Property, Commercial, Employment/Discrimination YEAR OF PROFESSIONAL ACCREDITATION: 1979
YEAR OF MEDIATOR ACCREDITATION: 2004

Mediator David Daly CAREER HISTORY

Captain in Army legal Corps 1981-2 (Germany)
Experience in Solicitor’s Office 1982 (Orpington)
Employed Barrister L. B. Bromley 1983-6
Employed Barrister L.B. Southwark 1986-93
Barrister Arden Chambers 1993-5
Barrister Tanfield Chambers 1995 and continuing.

Advising and acting as advocate in a large number of disputes concerning property, landlord and tenant, local government, planning, housing, employment and discrimination, professional negligence, wills and probate.

Mediator David Daly  MEDIATION EXPERIENCE

Total Number of Mediations so far completed as mediator (110+). Please see also Bar Council Website where I am listed as a Mediator in their top category (30 +)

I am on the panel as a Mediator for the following DCA approved organisations: CEDR Solve, Specialist Mediators, ADR Net, Lawworks, Wandsworth Mediation Services and Devon and Exeter Law Society.

My longer mediations have tended to be to do with Land or Employment e.g. boundary disputes, Leasehold Reform Act disputes, Landlord and Tenant disputes, disrepair, stress at work, work-place, contractual bonus disputes.

Some examples of mediated Disputes where I acted as Mediator: a disrepair dispute which lasted 8.5 hours, involved 4 parties and was originally valued at £200,000. An agreement was achieved.

Dispute between Housing Association and Leaseholders over disrepair of 250 dwellings – originally valued at £5,000,000. 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 after 11.5 hours.

Claim for £200,000 for flood damage to Chemist’s shop. Settled at £103,000 after 8.5 hours-

Dispute between leaseholder and joint freeholders involving 4 parties – originally valued at £200,000. Settlement was reached on the day-3 parties (all freeholders and family members) would each pay £22,000 to 4thparty (a Leaseholder-one of the biggest property companies in London)for disrepair.

Leaseholder dispute in which a leaseholder claimed damages from the owner of the flat above, whose building works had caused the ceiling to fall in. The consequential noise and disturbance was the main subject of the dispute. Mediation settled on the day.

Commercial leaseholder claim arising out of the fact that the lease had made no provision for access to the toilets for office staff. Also included claim for disrepair. Settlement was reached on the day.

Dispute under Leasehold Reform Act regarding claim to purchase the freehold of a property worth £200,000. Settled on the day of mediation.

Bitter and complex dispute between two neighbouring building companies over rights of access and inappropriate erection of scaffolding. Mediation settled on the day.

Two neighbours had locked horns in the Chancery Division of the High Court on the issue of refusal of access to back garden and boundary encroachment. Settlement was reached on the day

Dispute under the European Agency Regulations involving payment of fees to an agent by his principal. Settlement on the day of mediation.

Claim alleging bullying and unfair dismissal against the Chair of the Management Committee of a Charity. The matter was resolved with agreement at the end of two separate mediation appointments.

Constructive dismissal and stress claim.  Settlement was reached on the day.

Trusts of Land and Family Provision dispute-estate worth £250,000. Deceased died at 42 leaving alleged partner, Mum and Dad and his two Brothers. Two Brothers denied relationship with partner existed over 2 years immediately before death. Agreed  partner should have house + £30,000 -no costs either side.

Freezing Injunction sought where allegedly negligent Solicitor had placed charge on house for unpaid fees. Freezing Injunction lifted by agreement. Company to whom charge had been sold receives £70,000 and charge removed. Mediation lasted 8 hours and occurred on the coldest and snowiest day in London for 18 years

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. Settled by agreement at £20,000 each side to bear their own costs.

Mediator David Daly  Court Schemes in which he has participated as a Mediator:

  • Hitchin County Court
  • Central London County Court
  • Exeter County Court
  • Guildford County Court
  • Basildon County Court
  • Uxbridge County Court.

I devised (using the DCA toolkit) and was the sole mediator for the Small Claims Mediation Scheme at Hitchin County Court dealing with commercial mediations of all sorts e.g. landlord and tenant disputes, disastrous holidays, contractual disputes, goods not fit for purpose, unpaid professional fees, building contracts etc. The Scheme finished in May 2007 with the appointment of an in-house mediator

Also a volunteer Neighbourhood Mediator with Lewisham Lamp

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 like to personally thank you for your enthusiasm, flexibility and hard work”

“You are the “smiliest” mediator I have ever met!”

“I would characterise the mediator’s style as relaxed, informal, sensible and encouraging”

“He was very approachable, used plain language for litigant in person and gave helpful time warnings”

Training:

July 2002 – Mediation Course provided by the General Council of the Bar (1 day)
August 2004 – CEDR Accredited Commercial Mediator
April 2006 – CEDR Registered Commercial Mediator (Registered status no longer exists)
July 2007 – ADR Group Commercial Mediator

I have a special interest in time limited mediation and have appeared on a panel during a training event provided by Lawworks answering questions on small claims mediation alongside James Rustidge of Manchester County Court. My CPD Mediator Training is currently fully up to date

Mediator David Daly Memberships

Housing Law Practitioners Association
Employment Law Bar Association
Planning and Environment Bar Association
Administrative Law Bar Association
Civil Mediation Council
Mediation panel member of Effective Dispute Solutions Limited

Contact
To appoint this mediator please call 0800 246 1218 or email info@effectivedisputesolutions.co.uk

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