© 2010 David Cornes

EXPERIENCE

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David Cornes is the only full-time Commercial Mediator in the top thirteen mediators in the Legal 500 and the top fourteen mediators in Chambers Directory who is independent from law firms, barristers’ chambers, groups of mediators operating together and mediation service providers. David was first accredited as a commercial mediator in 1993 by the Centre for Effective Dispute Resolution. Up to the end of 2004, he was Senior Partner of Winward Fearon, Solicitors, (now Maxwell Winward LLP) with very extensive experience of negotiation and disputes, both domestic and international, in the High Court, and in arbitration. Since 1 January 2005, he has been a full-time mediator. David is available for direct appointment as mediator in commercial disputes and deal mediation (assisted negotiation of contracts) both in the UK and overseas. His qualifications are BSc(Eng), AKC, FICE, FCIArb (Mediation and Arbitration) and he is a non-practising solicitor.

David is available for direct appointment as mediator (not  as a solicitor) in commercial disputes and deal mediation both in the UK and overseas.

He is a member of PIM Senior Mediators and is on the Mediation Panel of the Court of Appeal in London, The Mediator Panel of the Chartered Institute of Arbitrators,  the CPR Construction and International Panel (International Institute for Conflict Prevention & Resolution, New York), the CEDR Solve Panel and the Civil/Commercial Panel of the Law Society, amongst many other panels.

The types of disputes that he has mediated include:

• Accidents (e.g. cranes, causing loss and personal injury)

• Boundary disputes (party walls)

• Business disputes (within partnerships and family controlled companies)

• Commercial contracts

• Construction (every type of dispute, including payment, valuation, termination, liquidated damages, delay and defects in design and construction)

• Defamation

• Environmental

• EU competition/procurement

• Information technology (software and hardware)

• Insolvency

• Insurance (& reinsurance)

• Intellectual property

• Mechanical and electrical engineering

• Multi-party disputes (including a 7-party construction dispute in one day and a 500 party dispute in an insolvency in two days)

• Nuisance (eg building damage)

• Oil and gas offshore (including construction, severe damage by explosion and consequential losses)

• Partnership/LLP

• Petrochemical

• Power (electricity)

• Professional fee disputes

• Private Finance Initiative projects (several, all multi-party)

• Product liability

• Professional negligence (Architects, Engineers, Quantity Surveyors, M&E Engineers, Project Managers and others outside the construction field, including surveyor property valuation claims)

• Property (real estate)

• Railway industry

• Shipping (wet & dry)

• Term maintenance contracts in various sectors (including IT, construction (both civil and building), turbines, power distribution and offshore).

The value of these disputes has ranged up to £130 million. He has conducted many hundreds of mediations.

A significant number of his mediations have involved parties and lawyers from outside the UK (including China, Finland, France, Germany, Hong Kong, Indonesia, Italy, Malaysia, Malta, The Netherlands, Republic of Ireland, Russia, Slovakia, Singapore, Sweden, Switzerland, Thailand, Venezuela and the USA). David  also mediates internationally.

Distinctions

Legal 500:

2009: David is listed as one of the top 13 mediators in the UK – “David Cornes is a figure of some stature in the mediation community. Clients credit him with a ‘relaxed but firm’ style and ‘an incisive approach’. While able to digest large volumes of technical details quickly, his ability to recognise strengths as well as weaknesses in parties’ cases is appreciated, as is ‘his blend of charm and honest analysis’. His style is ‘methodical, breeding reassurance and confidence’.” 2008: – “David Cornes (Independent) is generally regarded as ‘excellent’: ‘calm’, ‘authoritative’, ‘effective’ as well as ‘knowledgeable and approachable in all manner of disputes’. He remains widely recommended in his core area of construction and engineering disputes, in which he is credited with ‘ an easygoing and calm approach with just the right amount of force of personality and realism to get matters moving to a resolution’.” 2007: “For disputes in construction, infrastructure projects, and other areas with a strong technical dimension, graduate engineer and seasoned solicitor David Cornes is the market's go-to mediator. While 'gentle' in approach and manifesting 'quiet authority', he 'bears down heavily and impatiently' on parties advancing weak arguments. Described as ‘sensible’ and ‘robust’, he handles clients with tact and assurance and sits comfortably among the UK's foremost mediators.”

Chambers Guide to the Legal Profession: 

2010: David is listed as one of the top 14 mediators in the UK – “Construction and professional negligence are Cornes' areas of expertise. ”He is incredibly intellectual and has tremendous experience in the construction industry; he knows exactly how the boardroom works," clients say. Outside of this specialism, he has witnessed an array of commercial work including contractual, property, IP and multiparty disputes. "He is charming yet incisive, and that always commands respect." “

Recent Feedback

This includes: 

·        “…a big Thank You for acting as such a Superlative Mediator.  I think you should be sent to Gaza and no doubt your charm and wisdom would solve those problems within 24 hours.  I hope that I may have the pleasure of working with you again in future.”

·        "I would like to...express my appreciation...for the excellent way you handled the Mediation...Heaven forbid that we ever have another incident of this nature but if we do, we certainly know where to come to secure an excellent Mediator."

·        “Thank you very much for handling the mediation yesterday so expertly and with such diplomacy. It is quite clear that but for your skill no agreement would have been concluded.”

·        “He has a persuasive and gentle determination.”

·        “David obviously ‘knew his stuff’ and was a good reality tester.”

·        “David Cornes encouraged the parties with new ideas that they would not have come up with themselves.”

·       “David was particularly good at group sessions and got to grips with the most important issues straight away.”

·         “David Cornes was very good.  His style is one of firmness but fairness.”

·        “Many thanks for your expert guidance yesterday which I'm sure was responsible for bringing this long running dispute to a sensible conclusion. I thought that you got the measure of the occasion just right. Hopefully, we shall meet again.”

·        “Thank you again for your hard work ... Everyone was very impressed and I will certainly be recommending that you are nominated to resolve disputes of a similar nature in future.”

Additional dispute resolution skills and experience

Arbitrator:    He has acted as Arbitrator, both as sole arbitrator and on Tribunals in the UK and overseas. He has experience of the Rules of the ICC, LCIA, UNCITRAL and the Dubai Chamber of Commerce.

Conciliator:    He acts as Conciliator under the “Institution of Civil Engineers Conciliation Procedure” (akin to mediation, followed by a written recommendation if no settlement was reached by conciliation) and the similar Procedure published by the Institution of Engineers of Ireland.

Adjudication:    He has been appointed as Adjudicator in disputes under the Housing Grants Construction and Regeneration Act (but no longer takes such appointments).

Expert Determination:    He has acted as a neutral evaluator in expert determinations.

Dispute Review Boards:    He has been accredited by the Institution of Civil Engineers as a DRB member. He has recently completed a five year term as Deputy Chairman of the DRB on a major UK Power Station project.

Personal style

Persuading the parties themselves to confront the real cost and risks of being in dispute and the issues that separate them and to understand for themselves the benefits of settlement. Challenging positional bargainers. Constantly searching for opportunities to promote settlement and trying to look ahead to what may happen next. David is persistent, energetic and patient; he does not give up when things look bleak. Good at cauterising emotional issues that might otherwise block settlement. He is soft on the people but hard on the issues. He believes strongly in keeping the parties’ lawyers closely involved in the process and not excluding them.

Professional background and career

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