David Goldberg
Civil & Commercial and Online Mediator
Practice Overview
A Legal 500 Leading Mediator (2024 - 2026), CMC registered (2026), CEDR and ADR Group accredited and an accredited online mediator.
With over 25 years of commercial dispute resolution experience my mediation approach is hands on, gaining the parties’ confidence early, building on common ground, then focusing on the difficult areas to break down barriers and find workable and commercially viable solutions. I recognise the need to tailor each mediation to suit the different personalities and facts given no two mediations are the same.
David is the founder and co-host of the "Calm to Conflict - The Art of Resolution" podcast (2 seasons) available on Apple, YouTube, Spotify and LinkedIn.
Professional Experience
· Contractual disputes for companies and individuals
· Partnership & shareholder disputes.
· Property/development disputes (overage, covenants, easements, nuisance, build out, contractual, dilapidations, rights of way).
· Equipment leasing disputes.
· New Road and Street Works Act/Telecommunications Code disputes.
· Franchising disputes.
Endorsements
• David’s solution orientated and pragmatic approach helped neighbours in a long running dispute reach a workable resolution, bringing an end to what otherwise risked being an exceptionally costly and drawn-out dispute (counsel).
• David adapted his approach when necessary and both parties came out of the mediation relieved and satisfied with the outcome. Overall, his approach was excellent; both sides valued his get-it-done attitude and his ability to remain light-hearted at times, ensuring both sides were comfortable and confident that they reached a sensible outcome.
• A dispute that I thought was going to be near impossible to resolve, was effectively resolved as a result of David’s expertise and pragmatic strategy.
• David brought a calm but determined approach to a very tense, credibility-driven dispute. Despite the parties being completely estranged, he found creative ways to cut through the deadlock and guided towards an outcome we hadn’t thought possible. If you want progress, not posturing - David delivers!
• David is highly energetic, keeping parties motivated from the outset, ensuring that every opportunity is taken to navigate the current obstacles. He enthusiastically takes a dispute back to the table with robustness and sensitivity.
• David is a pragmatic, commercially focused and highly personable mediator. He intricates bringing parties closer together whilst lightening the atmosphere and instilling a sense of realism, even during the tensest of times.
• David has a personable and no-nonsense style that is highly effective. David was willing to try different approaches in order to break up a stalemate. My client commented after the mediation that David was clearly dedicated to achieving a result (counsel).
• Robust but focused approach brought about a settlement that I did not expect to be achieved! (Counsel).
• David's no nonsense style combined with his dedication to achieving an outcome the parties can live with is refreshing and important with day long mediation constraints (counsel).
• I am more than happy to recommend you for future mediations. David's no nonsense style combined with his dedication to achieving an outcome the parties can live with is refreshing and important with day long mediation constraints (counsel).
• David's persistence and energetic engagement with both parties during the mediation was a major factor in our achieving a difficult settlement on the day... I recommend him wholeheartedly.
• David is a robust mediator. He is able to focus the parties on the central issues and risks and keep them away from the detracting circumstances and mud throwing so as to ensure they settle on what is actually in dispute.
• David turned a very difficult and stressful situation, which we couldn’t get a resolution to, into a professional one with a resolution that all parties were happy with.
• Highly effective. I [Counsel] was impressed with his relentless commercial approach, and achieving a settlement in a complex case where the allegations by all parties were of the most serious kind and the level of distrust remained high.
• David is a highly experienced mediator who’s pragmatic and direct style brought the skills needed to get the mediation concluded when it looked like an agreement was unachievable. David controlled proceedings from the start and ensured clarity of process and message throughout the day. Happy to highly recommend.
• David was our mediator in a very hostile dispute with both parties having firm views of what was a satisfactory outcome. Over a long day through some pragmatic advice to both sides and a lot of patience both parties came to an acceptable settlement. David was both firm and helpful giving frank opinions about what was realistic and not...I would have no hesitation in recommending David.
• I would highly recommend David as a Mediator. David was thoroughly prepared ahead of the Mediation and extremely helpful on the mediation day. He is clearly a very experienced commercial mediator allowing him to quickly gain the confidence of the parties. David was calm and professional throughout but also willing to challenge the parties as well as the commercial considerations.
• David was an excellent mediator, good style (relaxed, but firm). It was clear he had taken time to read all the papers and build a rapport with the parties pre-mediation so they felt at ease during the mediation when challenged in a non-intrusive way and were responsive to him raising possible outcomes they had not previously thought of to find a resolution.
• David took the practical and firm line that was needed to achieve a hard-won settlement. He was hands on - not afraid to take a view on the legal issues and to push the parties to keep a focus on commercial discussions. As a result, a compromise was reached where it appeared unlikely... a happy client.
• David did an excellent job of handling some difficult characters very effectively, with excellent time management skills exercised throughout. Sensible and practical solutions in the process of mediating the dispute were provided and his straightforward approach helped parties better engage with the process.
• I won’t hesitate to recommend you to colleagues as I was really impressed with your no-nonsense approach to conducting a somewhat fraught mediation.... (Counsel)
• David is a highly experienced mediator whose pragmatic and direct style brought the skills needed to get the mediation concluded when it looked like an agreement was unachievable. David controlled proceedings from the start and ensured clarity of process and message throughout the day. Happy to highly recommend.
• David did an excellent job of handling some difficult characters very effectively, with excellent time management skills exercised throughout. Sensible and practical solutions in the process of mediating the dispute were provided and his straightforward approach helped parties better engage with the process.
• Thanks David – the clients were very pleased with the outcome and for your overall handling of the mediation. Your approach was spot on.
• I went for David because of the endorsements he had from previous clients and counsel, and I would echo those... David is willing to push each side to understand the risks involved and the benefits of settling despite it not seeming fair. He is a no nonsense straight to the point mediator who is willing to give an opinion which is oddly rather rare but clearly what parties need...This will be the first time I have recommended a mediator despite having attended over 30.
• We used David as an independent mediator for a breach of contract matter. David was extremely professional, and the parties were able to reach settlement. David managed to put a lighthearted spin on the day which was welcoming after a long day in mediation.
• David has a no-nonsense approach and presents the commercial realities of life and litigation risk to parties in a way that facilities settlement.
• I was very impressed by the manner in which you kept your cool and kept everyone talking, no matter what any of the parties said, did or threatened to do.
Recent Mediation Cases Include:
· A substantial multinational license agreement dispute in the biotechnology sector.
· An equipment leasing dispute between a funder and national gym group.
· A 30 year-long property/trust dispute fought in more than one jurisdiction.
· A large/international web solution and associated Commercial Agents Regulations Claim.
· A long running B2B dispute concerning a gas supply.
· A partnership dispute relating to the dissolution of a dental practice.
· An international supply agreement dispute over the provision of specialist materials.
· A contractual dispute arising from the prosecution of a food business operator.
· A breach of contract/trust claim involving pleaded allegations of exemplary damages for fraudulent conduct.
· A national franchising dispute in a niche sector.
· A long running contractual claim regarding breaches of an Associations Articles and Rules concerning Governing Officers and Members with a subsidiary harassment claim.
· A hotly contested dispute between a gas and electricity supplier to a multi-site property company where a Winding Up Petition had been issued and an application made to restrain advertisement.
· A boundary dispute involving assorted allegations and disproportionate costs.
· A commercial property dispute involving cross claims for damages and injunctive relief.
· An equipment leasing dispute between a funder and a hotel.
· A claim for promissory estoppel/unjust enrichment and associated losses.
· A claim for personal guarantees and indemnities against assorted Defendants involving arguments of an undersold commercial asset and a Defence alleging, inter alia, an undisclosed agency.
· A commercial dispute relating to the supply of agency staff with allegations of fraud.
· A commercial dispute relating to the supply/quality of specialist equipment.
· An Unfair Prejudice Petition involving a buying and marketing co-operative of over 80 independent confectionary wholesalers and the cooperative company.
· A 6 year running boundary dispute.
· A commercial storage facility loss claim with issues of bailment.
· A breach of contract claim between a developer and an architect.
· A dispute over a business sale/purchase.
· A right or way/easement repair/betterment claim seeking injunctive relief and damages.
· A claim in the bankruptcy court for substantial sums claimed for the use of energy supplied.
· An SPA and Associate Agreement dispute involving allegations of fraud and substantial damages with related counterclaims.
· A professional practice License/Agreement dispute seeking damages of £100,000’s.
· A neighbour dispute involving claims of trespass, nuisance, harassment, injunctive relief and diminution of value with cross claims for damages in the sums of £150,000 and £350,000.
· A dispute over the terms of a contract for the supply of food to restaurants with complicated evidential issues and the need for an interpreter.
· A dispute relating to executor’s breaches of duties regarding the use of funds.
· A commercial dispute regarding the occupation/use of a wedding venue and grounds with associated insolvency proceedings and set off claims.
· A claim and counterclaim for nuisance and harassment under the Protection from Harassment Act 1997 seeking diminution of value, loss of amenity, distress and anxiety, psychological damage.
· A three-party insolvency claim alleging non est factum, breaches of personal guarantees, breaches of fiduciary duties, breaches of contract, deceit, negligent misstatement, bribery, hidden profits and agency
Videos, Blogs & Articles
Areas Of Specialism
Boundary Dispute, Company, Contract, Equipment Leasing, Insolvency, Partnership, Property, Real Estate, Shareholder Disputes, Utilities, Wills and Probate