Dave Barr
Mediator and Lawyer
Dave Barr
Mediator and Lawyer
About
Passionate About ADR
Dave is passionate about Alternative Dispute Resolution, and believes that dispute resolution should be tailored to the needs of parties to ensure fair outcomes are reached in an efficient manner. His particular focus on mediation stems from his firm view that the best outcomes are outcomes that parties choose for themselves, while recognising that mediation functions best as a parallel process to a determinative procedure.
Experience & Education
Dave has over 15 years of experience as a civil litigator and construction lawyer, and has participated in over 300 mediations in various roles. Most recently he has been employed by Waka Kotahi as the Crown Mediation Advocate for the Land Acquisition Resolution Scheme pilot. He is a member of AMINZ, and holds a Master of Laws with first class honours from the University of Auckland. He is currently enrolled in the doctoral programme at the Auckland University of Technology (AUT).
Pro Bono
Dave offers mediation and settlement counsel services and advocacy training to not-for-profit and charitable organisations, including waiver of mediation fees for parties represented by law firms on a pro bono basis.
Mediation Services
Commercial mediation
Dave offers facilitative mediation services, providing a respectful and deliberate process for parties to discover whether there is a mutually acceptable solution to their dispute.
The reality is that most civil litigation is capable of settlement. Dave's philosophy is that the role of mediation is to assist parties in finding a resolution in a timely and cost efficient manner.
Schedule a mediation
Dave provides mediation services throughout New Zealand, and does not charge any additional costs or fees for mediations that take place outside of his home base in Wellington. Contact him to discuss availability and fees.
Mediation - FAQ
Dave is happy to take on any civil dispute that will benefit from a facilitative mediation, and has particular expertise in resolving construction disputes. If you are unsure whether Dave can assist, get in contact - he will be up front if he thinks he is not the right mediator for your dispute, and will help you to find a mediator who is.
Dave can mediate anywhere in New Zealand at a venue agreed by the parties, such as the offices of one of the law firms representing a party or at a neutral venue such as a conference centre. Dave is happy to assist in recommending or finding a suitable venue.
A copy of Dave's terms of engagement and agreement to mediate can be provided on request.
Dave can provide mediation services online if required, including moving a scheduled face to face mediation online at short notice to accommodate illness or travel disruptions. His preferred platform is Microsoft Teams, but he is happy to accommodate any platform preferred by the parties.
However, Dave has a strong preference for in-person mediation where possible. While recent experience suggests online mediation is highly effective in reaching resolutions, Dave's view is that online mediation often results in a worse user experience for the parties, and any online mediation carries a risk of disruption through technical issues.
Settlement counsel
What does settlement counsel do?
Dave works with litigation counsel to advise collaboratively on a strategic approach to resolving the dispute. Dave’s role as settlement counsel is to focus on the interests of the other parties to find the best path to resolution.
This role can include involvement in mediation or negotiations when this is consistent with the overall dispute resolution strategy.
Why use settlement counsel?
Legal work is becoming increasingly specialised. Parties to major litigation recognise the benefits of engaging litigation counsel with expertise and experience in the particular area of law, and engaging senior counsel with experience in trying major matters. Incorporating settlement counsel into the litigation team brings individuals whose skillset and focus relates to working with mediators and negotiating outcomes. Engaging settlement counsel allows litigation counsel to focus on the litigation strategy, the merits of the case, zealous advocacy, and trial preparation. The collaboration between settlement and litigation counsel allows a strategic focus on resolution without compromising zealous advocacy on the facts and merits.
Get in touch
Contact Dave to discuss his availability, fees or whether engagement of settlement counsel might assist you.
Training and facilitation
Dave offers a number of full day courses on mediation advocacy and negotiation. Shorter or bespoke training sessions are also available on request.
Mediation Advocacy Skills Workshop
Dave's popular full day mediation advocacy skills workshop can contribute 5.5 points to your annual CPD requirements.
This interactive workshop guides participants through a multi-party mediation scenario, outlining the mediation process from preparation to closing the deal and addressing the skills needed and considerations required for each phase of the process.
Principled Negotiation Training
Dave offers two full day courses on principled negotiation, each of which can contribute 5.5 points to your annual CPD requirements.
Principled Negotiation: This full day course introduces participants to the principled negotiation framework through interactive sessions including two practice negotiations.
Advanced Principled Negotiation - Dealing with Difficult People: This full day interactive workshop focusses on applying the principled negotiation framework to resolve disputes where a party, representative or expert is acting in a difficult or disruptive manner. Participants are encouraged to bring examples of issues they have encountered in their own practice.
What participants have said about Dave's courses:
"It was the most engaging and useful CLE I've attended."
"Dave’s mediation advocacy workshop is both engaging and informative. With a balance of theory and practical exercises, this workshop will provide you with a better understanding of how a well-run mediation works, and what you can do to be an effective mediation participant."
"Your course gave a good mix between theory and real life examples including how the mind does not always think the way we think it should. I attend a number of mediations and this course gave me a lot of new ideas and ways to think about mediations differently."
Facilitation
Dave provides facilitation services for commercial negotiations, team planning days, or stakeholder meetings where critical issues need resolution in a collaborative manner.
The use of an external facilitator ensures everyone is heard, and that roadblocks and impasses are navigated or avoided to create an environment where results can be achieved for all participants benefit.
Articles, links and musings
Contact Dave
Contact Dave
Contact Dave to discuss your mediation, facilitation or training needs