Language: English

Commercial Mediator – Approach to Resolving Disputes

David Alderson seeks to be a resolver, an effective mediator, by being an interactive listener, a facilitator of communications and negotiation, and when the parties to a dispute require it, a neutral evaluator.

With over 40 years of practice as a lawyer in a very wide variety of business, commercial, trade, property, distribution and franchise, technology, employment, reinsurance and marine disputes, both in local and international practices, David brings to the mediation a broad competence in facilitating the process, assisting parties to articulate their interests and to define the issues, and in subject matter neutral evaluation. He is equally at home in the context of complex, multi-party, and two-party single-issue disputes.

He is confident about the mediation process and considers that it provides the best prospect of resolving a dispute without resort to the expensive, time-consuming and disruptive process involved in traditional court-based litigation. David promotes principled negotiations so that the parties can assert and negotiate their interests, by an agreed process, on the path to a resolution acceptable to all parties. He can assist the parties to find viable options in their principled negotiations of the issues.

David will actively help parties get to the facts, and identify their respective interests, whether in a joint session or in caucus, and to overcome obstacles to a principled negotiation.

Commercial Mediator – Background

David has ADR experience, both here and abroad, and is aware of the variety of litigation styles, of recognizing and discerning cultural interests in dispute resolution, and of the need to evoke the articulation of the interests by the parties, so that they may find a resolution of their disputes. David has considerable, and long-standing practice experience in complex arbitration, and more recently, as an arbitrator. He has been appointed as an arbitrator by the Ontario Superior Court of Justice to adjudicate commercial matters.

He holds a LL.B (Osgoode) 1980 and a LL.M – Commercial and Corporate (Lond.) 1988. David has practiced litigation and arbitration in Ontario, London England, Bermuda and Dubai. He is also admitted in New York state, but currently practices only the laws of Ontario and Canada, though brings his global experience of dispute resolution to each mediation. He is a Qualified Arbitrator (Q.Arb). David has completed the Foundations in Judicial Competencies Series, and has been granted a Certificate of Completion by the Ontario Bar Association.

David has taught both contemporary business ethics and communications at university level.

Commercial Mediator | Business Mediator – Disputes

David can be engaged to mediate any dispute other than family law or criminal law matters. He is equally qualified in disputes that have, or may result in commercial litigation or civil litigation, and whether complex or seemingly simple.

His preferred appointment is for commercial and business mediation, in most industries, including a wide variety of disputes.

Commercial Mediator – Appointment

A draft Mediation Agreement, including Terms of Appointment is available on request.

Contact: the Intake Coordinator at (416) 979 2020, ext. 223 or by email at info@gilbertsondavis.com for David’s availability as mediator.

Hourly Rate: $550.00 per hour, plus facilities and applicable taxes. Daily and Half Day Rates available.
Language: English