Commercial Contracts. Partnership/Shareholder Banking & Finance. Personal injury Clinical Negligence. Employment & Workplace ICT

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1 CEDR Accreditation: CEDR Panel Admission: CEDR Faculty: Languages: Location: English United Kingdom Deborah A. David " a natural authority which she certainly brought to bear in the course of the mediation" Client Feedback Overview is a member of the CEDR Training Faculty and a practicing mediator, arbitrator and lawyer. She has extensive dispute resolution expertise, both as a lead mediator and a client representative, with experience in hundreds of mediations having claims values from a few thousand to tens of millions including many disputes involving multi-national parties and issues. She brings more than 35 years legal and ADR experience combined with considerable skills, energy, sensitivity and patience to produce successful resolutions of complex and difficult disputes. Professional Background Deborah practised law in the United States for 25 years before relocating to the United Kingdom in the late 1990 s where she practices as an independent mediator, arbitrator and trainer. During her career as a lawyer Deborah represented corporations in banking, anti-trust, personal injury, aviation, products liability and drug products cases. Representing claimants, she achieved multi-million dollar judgments and settlements in clinical negligence, aviation, copyright infringement and personal injury and products cases. Expertise Aviation Commercial Contracts Partnership/Shareholder Banking & Finance Employment & Workplace Personal injury Clinical Negligence ICT Property Construction & Engineering Insurance 1

2 Personal Style Deborah is an experienced mediator and litigation specialist with extensive trial experience. She is particularly attentive to the emotional, practical and commercial needs of the parties. She believes that every party should have the chance to achieve a negotiated resolution, without the stress and expense of trial, and that a patient mediator, willing to work however long it takes to get the job done, is essential to successful resolution. Client Feedback I think the mediation worked very well in this case in no small measure due to the mediation skills of Mrs. Our clients and I are grateful for her contributions and efforts. I am sure that the matter would not have reached a resolution without your skilled mediation. Going into the mediation, and being a somewhat cynical Yorkshireman, I was not overly optimistic as to the prospects of a settlement being reached given the considerable distance between the parties at that stage but thanks in no small part to [Deborah s] efforts the unbridgeable was bridged. She did extremely well and has a natural authority which she certainly brought to bear in the course of the mediation. She had an incredible amount of quiet energy. She just got on with the job and produced a really good result, which was satisfactory to all the parties. Absolutely dogged. She never says die... [She] is one of the leading lights. If [the job] required us to stay longer, [she saw that] we stayed longer. (In reference to case that settled at 2 a.m.) She gains the confidence of both sides. She is able to achieve credibility with both sets of counsel and clients. Astute in identifying issues which might cause a party to look at their interest in finding a settlement. Develops good rapport with the parties... Clearly on top of it.. She has the hands-on experience from a trial point of view how everything is going to play in a trial. It helps her look at cases, unlike a lot of mediators. 2

3 Dispute Experience (Non-Neutral work in Italics) Aviation Deborah has handled numerous aviation-related cases involving both general and commercial aviation and both fixed-wing and rotor aircraft. The cases cover a broad spectrum of issues including design and manufacturing defects, pilot error, air-traffic control error, maintenance defects and errors, and mass disasters. She has both written and lectured on aviation-related matters. Breach of contract claim that aircraft did not conform to promised specifications and performance parameters Disagreement between a Japanese electronics manufacturer and a European airline regarding interpretation of agreements for the purchase, sale and return of consumer electronics Matters involving claims of pilot error including controlled flight into terrain (CFIT), flight into adverse weather conditions, unsafe landing and take-off at high-density altitude airports, and operating an aircraft beyond its capability Flight into wake turbulence causing injury to passengers and crew of commercial airline Defective and inadequate maintenance, including alleged failure to monitor and replace lifelimited parts in rotor aircraft Claims of defects and inaccuracies in manufacturers maintenance and repair manuals Mass Disaster cases including KAL crash in Guam and Egypt Air crash off Massachusetts coast Product defects in general aviation aircraft, including allegations that design led to uncontrollable oscillation of surfaces (flutter); alleged defects in design of tail assembly and engine failures In-flight injury claims Liability of fixed-base operators Claims against airline carriers, aircraft and engine manufacturers, and the United States Lawsuits governed by the Warsaw Convention, the Death on the High Seas Act, and the Federal Tort Claims Act Hull-loss claims Meteorological conditions affecting flight and performance of aircraft 3

4 Banking & Finance: Dispute between a Dutch bank and a Scottish bank arising out of a series of loans made in the United States Clinical Negligence Claim against high street opticians for failure to diagnose glaucoma Injury claim by a patient receiving psychotherapy from an NHS therapist who pursued an improper personal relationship with the patient Claim for alleged negligent obstetrical care resulting in birth injuries and cerebral palsy Group litigation claim involving the handling of autopsies Claim that negligently performed cosmetic surgery resulted in permanent disfigurement Multiple cases involving a surgeon who performed stomach stapling procedures for treatment of obesity resulting in severe injuries and death Numerous cases involving allegations that physicians and/or hospital staff negligently failed to diagnose cancer Acting as arbitrator in a number of medical negligence and general negligence cases. Claim against hospital and physicians arising out of negligently performed knee arthroscopy resulting in severe brain damage Commercial Contracts Breach of contract claim between dealership and overseas automobile manufacturer involving obligations under Dealer Agreement Breach of contract for delivery of timber by Dutch based-company to a UK decking company Construction & Engineering Claim that contractor negligently performed contracted work Claim that large residential complex was negligently designed and constructed Employment & Workplace Discrimination and wrongful termination claim by Muslim employee of a large UK corporation 4

5 Internal employee/management dispute intervention involving branch manager of a major UK bank Internal employee/management dispute intervention at grievance stage involving international accounting firm Breach of contract claim by physician employee of the NHS Claims by ex-pat UK employees of a large international corporation that the company breached pension plan and retirement agreements Injury and stress claim by employee of a large UK corporation Wrongful termination and discrimination claims brought by black employee of a UK charity Claim for harassment and racial discrimination by civilian employee of police constabulary Proceedings for wrongful termination by UK-based CEO of a subsidiary of a French-based entity Suit by nurses for sexual harassment and discrimination by a staff doctor Sexual harassment and discrimination proceedings brought by female secretary of a Japanese bank against bank and its foreign-national officer Complaint for racial discrimination by long-term employee of a large corporation Negotiation of separation agreement between an executive-level employee and a major entertainment company involving a long-term contract and valuation of stock option and retirement plans ICT Information, Communications & Technology Breach of contract for provision of IT services to a UK water company Claim that software provider negligently recommended and secured the services of a project integrator whose services rendered the project a failure Three way dispute between an electronic component distribution company, a hardware/software supplier and an international finance company regarding an agreement for the sale, purchase, installation and financing of an IT system, including integrated hardware and software Insurance Claim that an insurance broking company negligently provided services and advice regarding group healthcare scheme 5

6 Indemnity and coverage dispute between insurers arising out of accident during a British motor speedway event Insurance coverage claim involving large interruption of business losses Partnership/Shareholder Solicitors partnership break-up and valuation Break-up of a media/entertainment partnership Personal Injury Matter mediated in Hong Kong involving claim of serious brain injury sustained during a golf game in the Far East Group litigation claim against a European holiday resort alleging that unsanitary conditions resulted in guest illnesses Auto versus pedestrian resulting in serious orthopaedic and brain injuries. Case complicated by insurance coverage issues Multiple separate cases against the supplier of beryllium, a metal used in classified military applications. Use of the beryllium allegedly causes lung injury Roughly 50 coordinated Ford/Firestone rollover cases Numerous cases involving automobile accidents as Mediator or Client Representative Numerous slip and fall accidents as Mediator or Client Representative Case involving an eye injury caused by a champagne cork Claim that security guard negligently attacked customer resulting in severe injuries Claim that security guards negligently restrained and detained two movie patrons Numerous cases claiming that blood derived product caused HIV sero-conversion, AIDS and/or hepatitis Claim that CO2 laser used during surgery mal-functioned causing brain damage Numerous cases involving injuries allegedly related to the use of intrauterine contraceptive devices 6

7 Property Commercial landlord/tenant dispute Boundary dispute involving residential property Claim that estate agent improperly and negligently let and managed property Proceedings by builder for breach of contract to extend and enlarge residential dwelling Claim that condition of real property was fraudulently misrepresented during sale Professional Skills While practising law, Deborah served as President of the Los Angeles Trial Lawyers Association and on the boards of the California Trial Lawyers Association and the Association of Business Trial Lawyers. In Century City, where she maintained her offices, she was honoured as Trial Lawyer of the Year. She is a member of the prestigious, invitation-only American Board of Trial Advocates. Current London-based mediator, 2002-present Member of CEDR Faculty, teaching mediation skills in the UK, Europe, Asia, the Middle East and Africa, 2004-present. Previous Joint managing and founding partner, law firm of Lebovits & David, Los Angeles, California, Associate attorney and partner, law firm of Bronson, Bronson & McKinnon, San Francisco and Los Angeles, California, Admitted to the State Bar of California and various United States Federal Courts Achieved multi-million dollar verdicts and settlements in professional liability, aviation, copyright infringement, personal injury and products liability cases Represented corporations in a wide variety of lawsuits including banking, securities, anti-trust, personal injury, products liability, and drug products cases; defended professional negligence cases Experienced in insurance matters and employment cases 7

8 Moved to London in July, 2002 Membership in Professional Organisations Member, Committee on Alternative Dispute Resolution, State Bar of California, 2002 Executive Committee, American Board of Trial Advocates, 1999, 2000, and 2002 Board of Governors, Association of Business Trial Lawyers, Board of Governors, Consumer Attorneys Association of California, President, Consumer Attorneys Association of Los Angeles (formerly the Los Angeles Trial Lawyers Association), 1997 Education Juris Doctor, University of California at Los Angeles School of Law, 1975 B.A., Scripps College, Claremont, California, 1972 University of Paris, L Institut d Etudes Politiques, Paris, France, Other Author of several articles on mediation Lecturer on alternative dispute resolution in accredited continuing legal education programs 8

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