Taking your Disputes Full Circle to Resolution...
David M. José, B.A, LL.B
David M. José, B.A., LL.B
30+ Years of Experience
Years of experience matters. David has been resolving disputes for over 30 years, starting as an adjuster at Allstate Insurance in 1989, and continuing through his legal career as a civil litigator after obtaining his law degree from the University of Western Ontario in 1993. David is proud to serve as a Central East Regional Deputy Judge, in the Durham Regional Courthouse.
Over the years David has resolved disputes involving personal injury, professional negligence, product liability, occupiers' liability, municipal liability, insurance coverage claims, disability and benefit claims, class-action claims, breach of contract, tenancy, employment, and defamation. David deploys various mediation techniques, such as evaluative mediation and facilitative mediation, and where necessary, David will take advantage of some complex settlement structures that are often not utilized by other mediators, such as Structured Settlements, and partial settlement structures like Pierringer Agreements and Mary Carter Agreements where a full settlement is not always possible, but where a partial settlement often paves the way to a full settlement down the road. Many of the young mediators, or inexperienced mediators, haven’t even of heard of these types of settlements options, let alone been a part of a resolution that deployed these settlement structures.
David is well-respected by both plaintiff lawyers and defence lawyers, such that his suggestions and assessment of cases is generally given a lot of weight.
A Varied Background
A varied background counts. David has represented “both sides” during his career, giving David the unique opportunity to learn what makes both sides tick. Many mediators have experience limited to just one side of the table: these mediators will never truly know or appreciate the stresses that impact the other side. David knows what issues impact both sides, and he is able to focus the discussions to take those factors into account during the negotiations.
A Practice Dedicated to Mediation
A practice dedicated to mediation is very important. A lot of mediators are lawyers that do mediations “on the side,” such that when they are not mediating, the “mediator” continues to represent clients. This is not ideal because it gives rise to potential conflicts. Imagine a mediation where you have exposed your approach to settlement with the mediator over the course of the entire mediation, only to see the same mediator (or someone from his/her law firm) return on another day as the lawyer representing the other side, now against you: not very comforting. This problem does not exist with David – his practice is solely dedicated to providing services as a mediator. Mediation works best when the participants can be open, candid, and free of concerns that they may be facing the mediator as an opponent in the future.
- Past Executive Member -
Alternative Dispute Resolution Section
Member in Good Standing, since 1995
Active Volunteer Coach and Advisor