Dispute Resolver Directory

– Australia

David Francis

FrancisADR;

I operate in Sydney and anywhere else by arrangement
About my services

I have over 40 years of experience in commercial disputes management and resolution. Having practised as a solicitor and barrister from 1970 to 2016 I have ceased to practice as a lawyer in order to focus on mediation, adjudication, arbitration and expert determination. I have been acting as an arbitrator of civil disputes for more than 30 years. I continue to do so and have also adjudicated Building Payment Act claims around Australia except South Australia since 2003. I have conducted expert determinations for commercial parties and industry bodies.
I was first exposed to mediation in 1991 which in 1993 inspired me to start formal studies in dispute resolution, mediation and negotiation as part of my UTS Masters of Law degree. In 1995 I became an accredited mediator.
In the several hundred disputes in which I have been the mediator I have worked with the parties to help them analyse the sources of their conflict, understand what an acceptable outcome would look like, encourage them in their decision-making to develop options for resolution and negotiation strategies and, if relevant and possible, maintain working relationships with the other party.
A big part of my professional life has been training - myself and others.
Lifelong learning is a given. I am energised intellectually and personally by the training opportunities I am fortunate enough to have and the people I meet while doing so.

Experience and qualifications

Post Nominals

B.A., Ll. B., LL.M. (Syd) LL.M. (UTS) FRI AdvMed, Arb 3, Adj ACT, NSW, QLD, TAS, VIC, WA, NMAS

Other ADR Experience

 

Cases Handled

 

Publications

  • Offers of Compromise under NSW UCPR, a seminar presented to the College of Law LLM (Applied Law) Current Developments Conference on 11 October 2016.
  • DR skills & techniques for lawyers, a seminar presented for the Law Society of New South Wales on 18 August 2015.
  • Using ADR in Litigation (rule 42.1.6.3 - Professional Skills), a paper and seminar for the NSW College of Law presented on 5 September 2012.
  • Preparing for EDR /ADR seminar presented for the NSW College of Law on 23 May 2011.
  • How to Prepare for a Mediation - Hints and Tips, a paper and seminar for the St George-Sutherland Law Society Inc presented on 4 March 2008.
  • ADR and Case Management, a paper and seminar for the College of Law presented on 25 February 2008.
  • Natural Justice & Good Faith, presented at the training course for accreditation of adjudicators under the NSW Security of Payment Act conducted by the NSW Branch of the Institute of Arbitrators and Mediators Australia on 16 October 2007.
  • Interaction of the Contractors Debts Act 1997 and the Security of Payment Act presented for Hall Chadwick Chartered Accountants on 8 March 2007.
  • Security of Payment Act seminar presented to trade contractors on behalf of Hardware & General, 25 October 2006.
  • How to prepare for mediation – Tips & Traps seminar presented to NSW Young Lawyers, 26 September 2006.
  • Security of Payment Act seminar presented at the Australian Credit Forum, 20 September 2006.
  • Navigating the Security of Payments Adjudication Process, LexisNexis Construction Law Masterclass, Sydney, 21 June 2006.
  • Resolving Commercial Disputes, presented at Australian Institute of Credit Management, National Conference, Darling Harbour, 11 May 2000.

CV

 

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