FORENSIC ARBITRATOR I have acted in over fifty arbitrations, both written and oral. I have a particular interest in business disputes between partner proprietors of a business, whether based as partnership or limited company, and commercial disputes between businesses.
MEDIATOR I mediate on a wide a range of commercial disputes and have gained a positive record of results. I have achieved notable success in enabling resolution by finding a middle ground that is acceptable to both parties.
MEMBER OF FFEW AND M&A FEDERATION 2024
EXPERT
2024 BROCHURE ACCOUNTANT Experienced as an accountant in negotiating and acting as advisor in numerous financial settlements and business disposals.
EXPERT WITNESS Frequently nominated to act as Single Joint Expert and Party Expert reporting on matters relating to business
DAVID BUNKER
www.mediatorandarbitrator.forensicandexpertwitness.co.uk
DAVID BUNKER
CHARTERED ACCOUNTANT& FORENSIC EXPERT David has had a long- standing involvement with Many of David’s referrals come from firms with whom Dispute Resolution, and is a long established Member he has existing professional connections. However, he of the Chartered Institute of Arbitrators and the would also welcome involvement with new contacts. Academy of Experts. ‘Some of these will be professional firms who have perhaps not used the services of a professional He has acted as an Arbitrator in both formal hearings Forensic Accountant before; I am also receiving and written matters, and has acted as both a Single Joint Expert and Party Expert on numerous occasions. approaches direct from individuals at the early stage of a dispute who need guidance as to how to proceed’. These experiences have enabled him to apply his Accountancy expertise to a wide range of issues; David would expect any new assignment to start with a shareholder and partnership disputes, business general discussion reviewing the issue arising and valuations, professional negligence claims, matrimonial considering the precise nature of the requirement for a disputes and insurance claims. He welcomes the range Forensic Accountant to assist. Just the very process of of work and professional challenge that each discussing the issue with an appropriate professional assignment demands. can often help to clarify the nature of the issue. David has now announced that he has passed his David Bunker now has time to dedicate himself to established general accountancy practice on to other practitioners. This will enable him to concentrate fully forensic accounting thus utilizing accounting, auditing, on matters arising within the range of his professional and investigative skills to conduct an examination into the finances of an individual or business. David Bunker expertise. can supply forensic accounting and he will provide In David’s opinion the move full time into the area of accounting analysis suitable to be used in legal Forensic Accounting is well judged. ‘My impression is proceedings so moving forward. that there is a groundswell of unresolved financial and professional matters that are likely to rise to the surface as we gradually emerge from Lockdown’ he says.
P.O.C.A I Audits | Financial Fraud | Commercial Disputes
www.mediatorandarbitrator.forensicandexpertwitness.co.uk
DAVID BUNKER Arbitrator & Mediator I have been involved in resolving a great many commercial disputes either by means of Arbitration or by Mediation.I have a great respect for both processes but find it inescapable that some disputes get settled by Arbitration when Mediation would have been more appropriate and vice versa. In this article I will highlight the salient differences and give some pointers as to which process to use. The first difference is the availability of the process. Mediation is available as an option before proceeding to trial for almost any commercial dispute. Indeed, it is positively encouraged by the Court, who are likely to penalise a successful litigant who has declined to first try Mediation by restricting the Costs awarded. By contrast an Arbitration can only be entered into if there is a contractual agreement that Arbitration can be invoked in the event of a dispute, which pre- dates the dispute that has now arisen.
In my experience a Mediation can be arranged more quickly than an Arbitration Hearing. I have never been involved in an Arbitration Hearing where the Parties did not opt for a quasi judicial setting, with Counsel representing each side and Court formalities observed. The crucial distinction between the two procedures is that an Arbitration results in a decision which is binding and a Mediation does not. At the end of a Mediation the Parties can either come to an agreement or accept that they will meet each other again in Court.This is simply not the case with an Arbitration; the Arbitrator will provide a decision which is very difficult to overturn.
This crucial difference has a significant effect on the approach and demeanour of both Parties.In Both methods of Dispute Resolution are often my experience, some Parties enter a Mediation presented as being relatively informal. This simply to test out the resolve of the other aspect has, perhaps, been overstated. Both Party. This cannot be the case with Arbitration. methods do offer a route for resolution of the The Arbitration Hearing is the first and final matter in question without the formalities, costs and timescale of the Court, but they have built up opportunity for each Party to present their case before an independent third party. their own procedures. Both procedures can proceed as fast as both Parties are able, at a venue mutually agreed, and to that extent there are obvious cost savings.
David Bunker
David Bunker Services Forensic Chartered Accountant
Qualified as a Fellow of the ICAEW while working for KPMG. In public practice as a Chartered Accountant from 1987 until 2020. Resigned from general practice to concentrate on Forensic and Expert Valuation work. Wide experience of privately owned businesses, in valuing shares in those businesses. Particular expertise in partnership disputes and the concerns of business valuation. Expert in determining disputes between public bodies and private contractors. Experienced as an accountant in negotiating and acting as advisor in numerous financial settlements and business disposals.
Arbitrator, Member of Chartered Institute of Arbitrators
I have acted in over fifty arbitrations, both written and oral. I have a particular interest in business disputes between partner proprietors of a business, whether based as partnership or limited company, and commercial disputes between businesses.
Mediator I mediate on a wide a range of commercial disputes and have gained a positive record of results. I have achieved notable success in enabling resolution by finding a middle ground that is acceptable to both parties.
Expert, Member of Academy of Experts Frequently nominated to act as Single Joint Expert and Party Expert reporting on matters relating to business valuation, calculation of profits, business dissolution and insurance claims and appearing in Court to present my findings in matrimonial and other matters. Contact David Bunker now for help on any of the above issues
davidalbunker@outlook.com TEL: 0117 4037799 | 07831 784006
www.mediatorandarbitrator.forensicandexpertwitness.co.uk
