CEDR Accreditation: CEDR Panel Admission: 2000 2004 Languages: Location: English Mandarin China Really understands how to work well with parties from different cultures Mediation Feedback Danny McFadden Overview Danny McFadden is the Director of CEDR Asia Pacific and is based in Hong Kong. He mediates disputes throughout the Asia Pacific region related commercial, employment and property sectors with a particular expertise in cross-cultural and multinational disputes. A fluent Mandarin speaker Danny has lived and worked throughout South East and Central Asia over many years. He has worked with parties from many different cultures both in business negotiation and mediation and has a clear understanding of the dynamics of mediating and working across international boundaries. Currently engaged as on-call Senior Mediator and Consultant to the United Nations in New York, Danny acted as the UN Interim Director of Mediation in 2009, mediating cases and also assisting in the selection of staff for the new Mediation Division. He also worked for the United Nations Ombudsman s Office as an expert adviser and his report on the design of an integrated conflict resolution system formed part of the terms of reference for mediation in the new internal UN Justice System. He has also provided ADR consultancy services to the legislatures in a number of countries including Azerbaijan, China, Hong Kong, Kazakhstan and Vietnam. In addition to his work as the Director of CEDR Asia Pacific, Danny is the Lead Assessor for the Hong Kong International Arbitration Centre and the Hong Kong Law Society for their Mediator Assessor Accreditation programs. Professional Background Dual qualified as a lawyer both in Australia and the UK Danny has been involved in ADR, negotiation, mediation and international business for over 20 years. He holds a Masters in Commercial Law, specialising in dispute resolution and international trade. Expertise Banking & Finance Commercial Contracts Construction & Engineering Employment & Workplace Franchising Insurance/Re-insurance Intellectual Property Partnership/Shareholder Property Sale of Goods & Services 1
Style Danny s style is that of a facilitative mediator, who takes a positive, constructive approach but he is not afraid to test the parties in relation to their positions and is highly pragmatic when assisting parties to consider possible solutions. His hands-on experience in international business both running his own companies and working with others, allows him to adopt a problem solving approach which tries to find real world solutions to sometimes complex disputes. Danny is a firm believer in thorough preparation and where possible pre-mediation contact with both sides. He creates early rapport with the parties, building on this to shift focus during the mediation towards the problem as a shared obstacle, one which can only be resolved through good communication between both sides assisted when needed by the mediator. Feedback Persistent and calm throughout although could be direct and tough when necessary. Really understands how to work well with parties from different cultures. Danny was excellent, very calm, and very neutral. He never once gave the impression that he thought a deal could not somehow be done and eventually with his support it was. He was friendly, professional and had obviously read the papers, very well prepared. His assistance at the mediation was invaluable. Would definitely use him again. Dispute Experience Banking & Finance Dispute involving the acquisition of financial services businesses and franchises. Alleged breach of terms in the contract of sale. Alleged professional negligence by financial adviser. Clients alleged that their financial adviser was negligent in recommending they enter into Individual Voluntary Arrangements (IVAs) Employment / Workplace / Discrimination Complex employment dispute in an International Organisation legal actions taking place in multiple jurisdictions. High profile case involving issues of reputation and publicity. Alleged racial discrimination in the workplace and claimant being bypassed for promotion. Highly emotive parties requiring appropriate people skills. 2
Claim for reinstatement to position and remuneration level due to breach of natural justice. Employment claim for unfair dismissal and allegations of inappropriate conduct involving a legal firm. Case involved long serving employee who had been denied the correct civil service grading for her experience and actual job responsibility. Claim involved compensation and upgrading of employment status. Commercial /Contract Mediation took place in New York USA involved claims and counter claims in respect to the ownership of shares in an educational institution. Contractual dispute about the provision of services for a major entertainment event. Major international Beauty Product Company claimed breaches of a franchise agreement and alleged sale of some products not within the scope of the franchise agreement. Contractual dispute involving the interpretation of a Clause in a Business Transfer Agreement. Health Care Trust matter involving dispute between the Trust and a local authority. Claim under the Sale of Goods Act. The claimant alleged misrepresentation and fraud in the sale of electronic goods. Construction & Engineering Quantity Surveyor sued client for non-payment for services rendered. Client counter claimed said work did not satisfy local authorities and therefore not of a standard to be expected of a reasonably competent Surveyor. Property Multiple parties (36 owners of freehold property) represented at mediation by 13 parties. Argument as to the actual boundary of the alley at the rear of the relevant properties. Dispute about the ownership of a property held in a charitable trust involving members of an ethic community in London. Claim by commercial landlord for payment of rent and service charges pursuant to a lease agreement Involved firm of Architects who were alleged to have provided unsatisfactory plans to the owner of a listed property resulting in a wall collapsing which caused damage to the client s property. 3
Multiple claims by Tenants of house in a dispute over use of communal facilities and behaviour issues with children Very complex and bitter dispute between neighbours in adjoining properties. Involved allegations of racism, bullying and threatening behaviour. Professional Experience as a Neutral in ADR procedures Senior Mediator United Nations Mediation Division New York Mediator with CEDR Solve London Mediator CCPIT Mediation Centre Beijing China Mediator Beijing Arbitration Commission China Mediation Panel of ADR Chambers International Arbitrator and Expert Adjudicator CEDR London Mediator International Mediation Institute, The Hague, The Netherlands Training A Lead Trainer with CEDR Danny has trained lawyers, judges and professionals in many countries including India, China, Hong Kong, Pakistan, Ireland, UK and Sweden. This training includes Mediator Accreditation Training, Advocacy Training for Lawyers, Negotiation and Conflict Management Training for large corporations. In 2010 acted as Judge and Mediator at the ICC International Mediation Contest in Paris. Capacity Building During the last 5 years Danny has, acting as Project Manager, developed programmes and delivered courses/workshops in mediation in Azerbaijan, Cameroon, China, Hong Kong, Kazakhstan and Guyana to lawyers, judges and other professionals. This work included working with local partners to analyse the local legal environment and promote mediation to Government Ministers, the Judiciary and local law societies. Speaker on Mediation and ADR: East Asia Branch of the Chartered Institute of Arbitrators Hong Kong 2010 Hanoi Young Lawyers Club 2010 IHG International Conference Shanghai 2010 1st Asian Mediation Association Conference Singapore 2009 Workshops with Vietnam Lawyers Association on Arbitration Law 2009 Speaker ADR in Asia Conference Hong Kong 2009 CEDR Commission on Settlement in International Arbitration London 2009 Presentation to United Nations lawyers on the use of ADR 2009 4
Vienna Conference The Rule of Law World Jurist Association 2009 Workshops Hong Kong Court s administration staff 2009 Stockholm Conference on Resolving Business Disputes in Today's China 2008 Consumer Arbitration in Europe Conference Granada Spain 2008 Dispute Resolution in China Conference New York 2008 Workshops with Hong Kong Judiciary on Mediation 2008 Hong Kong ADR in Asia Conference 2007 Mediators Institute of Ireland Annual Conference workshop Advanced Negotiation 2007 In 2007 organized and coordinated 4 hour seminars conducted in Mandarin Chinese in Beijing, Chongqing, Guangzhou and Shanghai with the CCPIT Mediation Centre. The Role of ADR in Administration Law Conference Warsaw Poland 2006 5