David Carden

Present Position

Barrister and Dispute Resolution Practitioner

Professional Experience

A practising barrister in Auckland for more than 40 years, David has in the last 28 years focused on alternative dispute resolution processes, concentrating on mediations, adjudications and arbitrations. His present focus is on building law and he has adjudicated WHRS claims and Construction Contracts Act claims. He is on the AMINZ Panels for Arbitrators and Mediators and the Construction Contracts Adjudicators list, a panelist on the Retirement Villages adjudicators list, and the Chair of the Health Practitioners Disciplinary Tribunal.

Career Summary

Arbitrations - Appointment as arbitrator in numerous disputes; arbitration hearings to Award in claims include contract breach, franchise, cross-lease and engineering pipeline. Mediations - Appointment as mediator in topics varied but include: engineering contract claim; exemplary damages; airline contract breaches; family protection; property (relationship); employment; cross-lease; school governance; cleaning franchise claim; construction dispute; management consultancy claim; lease and contract breaches claim; cross-lease dispute. Adjudications - appointed adjudicator for 83 Weathertight Homes claims under WHRS Act; adjudicator for Construction Contracts claims. Chair of many Health Practitioner Disciplinary Tribunal hearing and decisions written.

Appointments

President of the Arbitrators' and Mediators' Institute NZ Inc.(AMINZ) On AMINZ Panels of Arbitrators and Mediators. Weathertight Homes Adjudicator 2002-2006. Former Advanced Panel LEADR Mediators.Many appointments as adjudicator under Construction Contracts Act. Present Chair Health Practitioners Disciplinary Tribunal.

Publications

Various papers for AMINZ conferences and seminars;Contributor to "Law Stories".

Personal Summary

New Zealander; married with 3 adult children and grandchildren. Interests include golf,tramping.

Qualifications

LL.M. and LL.B. Auckland University; Fellow Arbitrators' and Mediators' Institute (Arb/Med);Advanced Panel LEADR Mediators; London University Summer School Commercial Arbitration.

EQC Mediation Profile

David Carden's commitment to the EQC Mediation Service is that he will make himself available; he will listen to and hear what is being said by all parties; he will try to ensure that each party understands the others; he will make sure that sufficient time is set aside to explore tensions and issues; he will actively think laterally about how these can be approached for agreed settlement; and he will do this objectively and realistically. David has been practising as a mediator for 25 years. His mediations have ranged over a variety of topics. He is on the AMINZ Panel of Mediators and is a Past President of AMINZ. He is totally committed to mediation as the best way to resolve conflicts, complaints and disputes. His training as a lawyer helps him to understand the legal issues. He is sympathetic and he understands people. That helps communication and clarification. He is realistic to the human dynamics involved in earthquake and flood damage complaints and claims, the legal issues that may arise, and ways to find prompt and acceptable solutions.