DAVID CORNES

COMMERCIAL MEDIATOR

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© 2008 David Cornes
 
 

EXPERIENCE

David is a full-time independent commercial mediator. He was accredited in 1993 by the Centre for Effective Dispute Resolution (CEDR) in London. Until the end of 2004, he was Senior Partner of Winward Fearon, Solicitors (now Maxwell Winward LLP), with very extensive experience of commercial negotiation and disputes. David's qualifications are: BSc(Eng), AKC, FICE, FCIArb. 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 The Panel of Independent Mediators, 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

  • 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 £70 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 has mediated overseas.

Distinctions

Legal 500: 2007: David is listed in the top 11 mediators in the UK - “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.” 2006: “David Cornes' clients get 'two for the price of one': with an engineering degree, and construction law background, Cornes is swift to gain the confidence of the parties in technical matters. Described as 'sensible' and 'robust,' he is a safe choice. Clients admire his ability to knock heads together constructively. While offering a 'gentle reality check,' he is not afraid to give a view on the law if required.”2004: "David Cornes...is widely recognised by peers for his expertise … the bulk of his work [is] multi-party and high value disputes".

Chambers Guide to the Legal Profession:  2006: “A great senior in the profession,” Cornes impresses peers with his experience of construction disputes, which generate a large part of his practice. He is “an active mediator” who takes a “flexible” approach and is involved in multiparty disputes and partnership disputes.” 2005: “David Cornes has a ‘terrific edge’.” 2002 -2003: “This “classic” mediator is “equally at home in mediation and engineering.” His “huge industry experience,” “prolific” writing and “excellent complex-matter practice” make him “unbeatable for this niche.” His style is “flexible” and “gentle” and peers and clients regard him as “first class.”

Recent Feedback

This includes: 

"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."

“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 groups 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 on Tuesday. 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

Career

Back to top