Lawson Lundell LLP
I have done several mediations with Dave over the past 20 years on both large, complex cases and small, simple ones. I keep coming back to him because he is better than anyone I know at getting to the heart of what is really driving the dispute, discovering what the parties actually need from a settlement, and helping them find a creative solution. He is able to do this in a congenial and non-threatening way, while at the same time being firm with parties who are being unrealistic about their position or unreasonable in the negotiation. This enables him to build trust, a good rapport, and a cooperative working relationship with the parties very quickly. And the harder the problem, the more engaged he is in trying to solve it. I recommend Dave to anyone who needs an experienced and effective mediator.
Blake, Cassels & Graydon LLP
I have been involved in a number of complex regulatory and surface rights disputes where David Gould has served as mediator and his approach has been instrumental in achieving timely and comprehensive resolutions. He has a broad range of knowledge and experience which, coupled with his professionalism and amicable disposition, help foster reasonable dialogue and ultimately compromise that is acceptable to the parties. I have no hesitation in recommending Mr. Gould for mediations of energy regulatory and surface rights disputes.
We engaged Dave Gould to conduct a mediation for a complex contractual dispute. At the mediation session, he created a comfortable, calm atmosphere that lowered the temperature in the room and was able to engage the parties in a productive process to advance the matter towards settlement. It is apparent that Mr. Gould is a mediator who has thought deeply about the benefits of using mediation in dispute resolution. Among other things, he was able to orient the parties towards creating a complex or “out of the box” outcome which would not be possible if the parties proceeded to a hearing. I would recommend Mr. Gould as a mediator and would engage his services again.
Scott, Venturo, Rudakoff LLP
I have known David Gould for over 35 years and have been fortunate to have the opportunity to engage him as a mediator on several complex matters. He was masterful in the manner in which he approached and conducted the mediation. His engagement of the personalities and the issues and his interest-based approach were perfectly in tune with the situations presented and led to a successful resolution of complicated and contentious disputes. He has earned my highest recommendation.
Bennett Jones LLP
We engaged Mr. Gould on short notice in relation to a complex environmental matter involving multiple parties. It was evident that Mr. Gould was able to get up to speed on the issue and the parties’ positions in a timely and efficient manner. At the mediation session Mr. Gould was able to effectively manage the parties and their varied interests in order to progress the matter towards settlement. Mr. Gould’s experience is apparent in both the manner in which he manages the parties, but also his relaxed and calm demeanor in the room. I would not hesitate to recommend Mr. Gould in his role as a mediator.
Bonavista Energy Corporation
David comes highly regarded within the legal community and is well known with his ability to effectively resolve complex multi-party disputes. Through my role at Bonavista Energy Corporation I had the opportunity to work with David in a dispute resolution. It was through this experience that I was able to engage in a mediation process, facilitated by David, which involved a multifaceted dispute with several stakeholders. David was able to work with all parties in understanding options and creating possible solutions for conflict resolution. Based on this experience I can confidently recommend David.
Alberta Agriculture and Forestry
We had an internal conference call where it became clear that our group, by any objective measure, had achieved superior results to all the other working groups. We were the only group to meet the process goals in two meetings and, unlike several other groups, we had full discussions but did not deviate from the mandate or indulge in pointless and expensive investigations of tangential issues. You were quite right to give the committee members full credit for working together on such a complex and at times controversial topic. I was also impressed with the quality of participants, as well as Derek and Rateb’s work. But I also want to commend you for the excellent work you have done with this group. In particular, your skill in letting participants fully express themselves while still keeping the overall process moving forward was remarkable. Having just come from vacation, it reminds me of landing a big fish…..sometimes you must let him run, and other times you can reel him in aggressively.
I have been involved in many mediations of civil disputes conducted by David Gould. I have found him to be a very effective mediator. He engages with all participants in a pleasant and personal manner and pierces into the heart of the issues at hand. I recommend Dave as a mediator for any type of civil dispute.
I have used David Gould as a mediation specialist on several complex and highly contested matters. His approach to the process, with a particular emphasis on the pre-mediation engagement, created an environment where the matters were capable of being resolved. I will use his services again and recommend anyone to engage Mr. Gould in a dialogue on mediation.
LEADERSHIP IN THE MEDIATION FIELD
Appropriate Dispute Resolution Program Design, Energy Resources Conservation Board and National Energy Board
Led the design team for these Appropriate Dispute Resolution programs and provided internal training programs.
Development of Dispute Resolution Processes, ADR
I have been credited with the development of three important additions to the ADR field: the Preliminary ADR Design Meeting (PADR), the creation of the role of ADR Service Provider to assist in managing complex disputes, and the use of an ADR Workbook process for complex/multi-party disputes.
Global Transition, Global Negotiation Insight Institute (formerly Harvard Negotiation Insight Initiative)
In 2008, the Harvard Negotiation Insight Initiative identified the need to transition from its five-year home base at Harvard Law School to become the Global Negotiation Insight Institute (GNII). I was asked to chair GNII in its transition and lead its continued work to integrate the voices of wisdom represented in the world’s ethical, philosophical and spiritual traditions into mainstream professional life in fields such as law, business, and conflict management/mediation. In this endeavor, I was fortunate to have the opportunity to collaborate with world leaders in the fields of law and conflict management.
MEDIATION AND FACILITATION
Since 1988 I have conducted hundreds of mediations and facilitations for:
Resolving company-to-company and landowner/industry conflicts as well as facilitation of conflict issues in Aboriginal and Métis communities
Business and Industry Sectors
Resolving commercial conflicts of all kinds including construction disputes as well as internal management issues and workplace conflicts.
Resolving business loss and coverage disputes as well as numerous personal injury claims.
Provincial and Federal Governments and for numerous municipalities throughout Alberta
Designing and implementing mediation and facilitation processes for the resolution of public issues and conflicts for provincial and federal government agencies including: Alberta Justice, Alberta Department of Energy, Alberta Environment, British Columbia Oil and Gas Commission, WorkSafe BC, Yukon Territorial Government, Federal Department of National Defence and Parks Canada.
COMPLEX AND MULTI-PARTY MEDIATIONS AND FACILITATIONS
In addition to the hundreds of private and confidential mediations referred to above I’ve had the opportunity to work with many organizations by designing mediations and facilitations to address complex public conflicts and difficult conversations in order to get ahead of conflict, reach consensus, and create effective collaboration.
City of Calgary
The projects I have worked on regarding mediation and facilitation of public conflicts include: the sale of Enmax, Smoke Free Calgary By-law, Taxi By-law, Elbow River Storm Water Management process, the Lynnwood Ridge/Imperial Oil refinery site reclamation and the Urban Development Institute regarding negotiations with the City over water development permits. Most recently in 2017 I facilitated Baseline Risk Assessment conversations with developers and the public regarding development of lands alongside rail corridors in Calgary in order to support a consistent policy framework.
Government of Alberta 2017
Worked with the government’s Stakeholder Engagement team for Alberta Agriculture and Alberta Labor to design and facilitate the Employment Standards working group consultations to create recommendations for amendments to the Farm Safety legislation.
Alberta River Forecast Centre: Partner Engagement Lessons Learned, Alberta Environment and Sustainable Resource Development (ESRD), Alberta
Engaged the River Forecast Centre partners, ESRD and stakeholders in discussions regarding the 2013 flood events to help define future projects and improve existing products and services.
Bankers Petroleum Albania Ltd., Albania
Designed mediation and facilitation processes for Bankers Petroleum in Albania with the assistance of Albanian government mediators to address challenges Bankers was experiencing with local communities and organizations related to their project, its environmental and community the impacts and shared economic benefits.
First Nations Engagement Mactaquac, New Brunswick Power Corporation, New Brunswick
Assisted New Brunswick Power in engaging Aboriginal communities to develop a comprehensive Aboriginal engagement plan that sought to inform, engage, and understand the community’s interests, needs, concerns, and issues, and well as any opportunities associated with the three possible future options for the Mactaquac Generating Station.
Bow River Phosphorus Management Plan, Alberta Environment and Sustainable Resource Development, Alberta
Worked to design a facilitated stakeholder engagement process for the Bow River Phosphorus Management Plan to move the draft plan toward implementation. The intent was to collectively develop a proactive, place based, knowledge –driven, and adaptive plan and ensure triple-bottom line principles were met.
Laneway Housing Workshop and World Café, City of Calgary, Alberta
Worked on a multi-party facilitated dialogue about the creation of laneway housing and new regulations that would support its development. Appropriate participants (land owners, businesses, developers and City staff) were brought together in a facilitated workshop to address the substantive issues around the design of laneway housing along 10A Street and 10 Street laneway in Calgary.
Micro-Generation Stakeholder Session, Alberta Energy
Facilitated dialogue to provide stakeholders with an opportunity to contribute in the review of the Micro-Generation Regulation, bringing stakeholders together armed with the right information to have a full and frank conversation that allowed them to make valuable contributions in support of Alberta Energy’s decision-making process.
Town of Okotoks
Facilitated negotiations between the Town of Okotoks and its developers to mitigate and resolve the impacts of the 2011 Alberta Court of Appeal Decision regarding municipal funding levies. The decision brought all development in Okotoks to a standstill and a collaborative solution was imperative
Invenergy Wind Canada
Designed and facilitated a Community Working Group to address the outrage and community resistance to the application for a wind farm in Southern Ontario
Montana Alberta Tie Ltd.
Facilitated numerous meetings and mediation sessions with landowners, their legal representatives and Montana Alberta Tie Ltd. over the construction of their 230kv international merchant transmission line in Southern Alberta.
Canadian Natural Resources Limited
Held mediation sessions with the Minnie Lake Conservation Society members CNRL,and representative’s of Alberta Environment about the Energy Resources Conservation Board application for the drilling of heavy oil wells under and around Minnie Lake.
National Energy Board, The City of Whitehorse and its developers, The Government of the Yukon, Yukon Pipelines, and the British Yukon Railway Co.
Facilitated technical workshops regarding an abandoned World War II oil storage tank farm and its environmental impacts as well as any impact on proposed future developments of this valuable land in Whitehorse.
Shell Canada, Municipal District of Bighorn and Jumping Pound
Facilitated multiple mediation sessions with area residents, Shell, and the MD of Bighorn regarding the impacts of moving a long established Shell pipeline for the Jumping Pound Gas Plant on residential access roads and addressed the future land development potential.
Canadian Forces Base (CFB) Suffield Facilitation
Mediated sessions with Encana, The Department of National Defence, CFB Suffield, Federal Justice, Alberta Energy, ERCB (now AER), Environment Canada regarding licence applications for wells and also land access issues for energy development on the Suffield base. Bombs and Oil don’t mix well.
PUBLIC CONSULTATION AND STAKEHOLDER ENGAGEMENT PROCESSES
I have designed and led many creative, integrated conflict resolution and public consultation processes resulting in community supported projects for:
Canadian Natural Resources Ltd.
Husky Oil Ltd
Milner Power Inc.
National Energy Board
Fort McMurray First Nation
Alberta Energy Policy Forum on Labour for the Oil Sands Workshop
Alberta Energy and Alberta Economic Development
Maximizing the Alberta Advantage – Policy Forums