Mediation

Dave Newbery is a trained and experienced mediator in the following areas:

Trusts and Estates:  Litigation in the trusts and estates area is on the rise.  Dave has both mediation experience and a long career as a trusts and estates attorney.  This combination allows him to serve as an unbiased neutral mediator and also to clearly understand technical legal issues that can arise in these types of disputes.

Valuation Issues:  Complex property valuations can give rise to costly litigation.  Mediation can provide an efficient forum for negotiating an agreed value settlement which avoids litigation.  Dave’s background in accounting, business and tax law, coupled with his experience as a mediator, business appraiser, and court-appointed Special Master, uniquely qualify him to assist with matters involving complex valuations relating to:

  • Domestic Property Division
  • Eminent Domain
  • Dissenting Shareholders’ Rights
  • Ad Valorem Property Taxes
  • Management Deadlock Resolution
  • Probate and Spousal Elective Share Cases
  • Federal Estate and Gift Tax Valuations
  • ESOP Stock Valuations
  • Manufacturing Facilities or Other Unique Single Purpose Structures

Representative mediation engagements:

  • Mediated valuation of a natural gas refinery pending before the Kansas Board of Tax Appeals between a Fortune 500 energy company and a Kansas county for ad valorem property tax purposes.
  • Mediated valuation of closely-held business entities and related issues between surviving spouse and children in the context of Spousal Elective Share litigation.
  • Special Master for discovery in a divorce case involving over $10,000,000 of assets including valuation of two closely-held businesses.
  • Mediated management deadlock including valuation issues between two 50-50 family member owners of a closely-held business.
  • Mediated post-sale claim by Purchaser of closely-held business that Seller misrepresented financial position and statement of operations of the business.
  • Mediated a claim pending before FINRA (Financial Industry Regulatory Authority) against a financial planner for lack of suitability of investments.
  • Mediated malpractice claim against a third party administrator of an ESOP (Employee Stock Ownership Plan).
  • Mediated claim by trust beneficiaries against trustee for breach of fiduciary duties and malfeasance with regard to investments and management of assets.
  • Mediated divorce settlement of valuation of family owned agribusiness.
  • Mediated dispute as to tax effect of tentative settlement in U.S. Bankruptcy Adversary case.
  • Served as mediator and arbitrator (AAA) for numerous cases involving business contracts, leases, etc.