Oklahoma Business Mediator

Mediation for Construction, Oil and Gas, Real Estate, and Business Disputes

 

Business disputes can consume significant time, money, and attention. Mediation gives the parties an opportunity to address those disputes privately, efficiently, and with greater control over the outcome than they may have in prolonged litigation.


David A. Walls provides independent mediation services for businesses, individuals, attorneys, contractors, property owners, investors, and other parties involved in complex commercial disputes throughout Oklahoma.


With more than 34 years of experience in business transactions, construction law, oil and gas law, and real estate, David brings practical subject-matter knowledge to the mediation process. His background allows him to quickly understand the underlying transaction, identify the issues preventing resolution, and help the parties evaluate workable alternatives.


Business Experience That Informs the Mediation Process


Effective business mediation requires more than familiarity with legal procedure. It requires an understanding of how contracts, transactions, projects, ownership interests, and ongoing business relationships work in practice.


David has advised clients in matters involving:


  • Business contracts and commercial transactions
  • Construction projects and contractor relationships
  • Oil and gas agreements and operations
  • Commercial real estate
  • Business ownership and entity matters
  • Asset purchases and sales
  • Payment, performance, and contractual disputes


This experience helps David understand both the legal positions involved and the practical business considerations that may determine whether a resolution is possible.


Types of Disputes David Mediates


David is available to mediate a broad range of business and transactional disputes.


Construction Disputes


Construction disputes often involve complicated contracts, technical facts, multiple parties, and significant financial consequences. David’s construction law experience helps him understand the relationships among owners, developers, general contractors, subcontractors, suppliers, and design professionals.


Construction mediation may be appropriate for disputes involving:


  • Payment and nonpayment
  • Change orders
  • Project delays
  • Defective or incomplete work
  • Scope of work
  • Contract interpretation
  • Insurance Disputes
  • Project responsibilities
  • Performance issues
  • Contractor and subcontractor disputes
  • Owner and developer disputes


Oil and Gas Disputes


Oil and gas disputes frequently involve specialized agreements, ownership interests, operational responsibilities, and long-standing business relationships.


David is available to mediate disputes involving:


  • Oil and gas contracts
  • Operating agreements
  • Ownership, title and mineral interests
  • Payment and accounting issues
  • Surface-use matters
  • Operational responsibilities
  • Performance under negotiated agreements
  • Business relationships among owners, operators, and other parties


Real Estate Disputes


Real estate disputes may arise from a transaction, an ownership relationship, a development project, a lease, or the operation of property held by a business or investment entity.


David mediates matters involving:


  • Commercial purchases and sales
  • Real estate contracts
  • Ownership and investor disputes
  • Development matters
  • Commercial leases
  • Property held by businesses or limited liability companies
  • Contractual performance
  • Real estate issues connected to broader business transactions


David has also been recognized in the 2026 edition of The Best Lawyers in America for Real Estate Law.


Business and Contract Disputes


Many commercial disputes do not fit neatly within a single industry. They may arise from a failed transaction, an unclear agreement, a payment issue, or a breakdown in a business relationship.


David is available to mediate disputes involving:


  • Contract interpretation
  • Payment and performance
  • Business purchases and sales
  • Asset-purchase agreements
  • Partnership and ownership disagreements
  • Closely held companies
  • Vendor and customer relationships
  •  Business obligations and responsibilities
  • Other commercial transactions


Independent Mediation


David provides mediation services independently rather than through a national mediation or arbitration organization.


This allows the parties and their attorneys to work directly with David’s office to:


  • Confirm availability
  • Coordinate scheduling
  • Submit relevant documents
  • Establish the mediation format
  • Address logistical questions
  • Tailor the process to the dispute


David’s staff assists with scheduling and document coordination so the parties can move through the process efficiently.


Independent mediation may also provide greater scheduling flexibility when the parties want to address a dispute without waiting several months for an available date.


When a Contract Identifies a Mediation Service


Some contracts identify a particular mediation service, organization, or process to be used if a dispute arises.


The language of the specific contract should always be reviewed carefully. In some circumstances, the parties may mutually agree to use a different mediator or process than the one originally identified in the agreement.


Any change should be agreed upon by all parties and their counsel and appropriately documented. David does not provide legal advice to either party while serving as mediator.


What to Expect From the Mediation Process


The precise process may vary depending on the nature of the dispute and the preferences of the parties. In general, the process may include the following steps.


1. Initial Inquiry and Conflict Review

David’s office gathers basic information about the parties and the dispute to determine whether there are any conflicts that would prevent him from serving as mediator.


2. Agreement to Mediate

The parties confirm their agreement to participate in mediation and address matters such as scheduling, confidentiality, fees, and the format of the mediation.


3. Submission of Information

The parties or their attorneys may provide contracts, correspondence, project records, timelines, legal positions, settlement history, or other materials that will help David understand the dispute.


4. Mediation Session

The mediation may include joint discussions, separate confidential meetings, or a combination of both. David works with the parties to identify the central issues, assess areas of agreement and disagreement, and explore possible terms of resolution.


5. Resolution or Next Steps

When the parties reach an agreement, their attorneys may document the terms. If the matter is not resolved, the parties retain their legal rights and may continue with litigation, arbitration, negotiation, or another process.


The Role of the Mediator


A mediator does not act as the attorney for either party and does not decide who should win or lose.


David’s role is to remain neutral and help the parties:


  • Clarify the disputed issues
  • Understand the practical risks and costs of continuing the dispute
  • Evaluate potential outcomes
  • Identify areas of possible agreement
  • Explore practical settlement options
  • Communicate more productively
  • Work toward a voluntary resolution


The parties retain control over whether a settlement is reached and what the final terms will be.


Why Subject-Matter Experience Matters


Complex commercial disputes often involve more than competing legal arguments. They may require an understanding of industry practices, transaction structures, project documentation, contract administration, business operations, and the financial consequences of delay.


A mediator with relevant experience may be able to understand the dispute more quickly and focus the parties on the issues most likely to affect resolution.


David’s work in construction, oil and gas, real estate, and business transactions gives him a practical foundation for mediating disputes in these areas while maintaining the neutrality required of the mediator.


When Mediation May Be Appropriate


Mediation may be worth considering when:


  • The parties want to avoid the time and expense of prolonged litigation
  • A business relationship may be worth preserving
  • The dispute involves confidential or commercially sensitive information
  • The parties need a faster path toward resolution
  • Litigation outcomes are uncertain
  • The parties want more control over the final result
  • The dispute requires practical solutions that a court may not be able to order
  • Communications between the parties have stalled
  • The parties or their attorneys believe a neutral third party may help move negotiations forward


Mediation does not guarantee a settlement, but it gives the parties a structured opportunity to resolve the dispute on terms they control.


Frequently Asked Questions


  • Does David represent either party during mediation?

    No. David serves as a neutral mediator and does not act as legal counsel for either side. Each party may be represented by its own attorney.

  • Must both parties agree to use David as mediator?

    Yes. Mediation generally requires the agreement of all participating parties.

  • Can attorneys participate in the mediation?

    Yes. Attorneys commonly participate and assist their clients throughout the process.

  • Is mediation confidential?

    Mediation is generally conducted as a confidential process, subject to the mediation agreement and applicable law. The specific confidentiality provisions should be addressed before the mediation begins.

  • Is mediation binding?

    The mediator does not impose a decision. Any resolution is voluntary unless and until the parties enter into a binding settlement agreement

  • What happens if the dispute is not resolved?

    The parties retain their legal rights and may continue with litigation, arbitration, negotiation, or another dispute-resolution process.

  • How long does mediation take?

    The time required depends on the complexity of the dispute, the number of parties, the amount of information involved, and the parties’ willingness to negotiate. Some matters may be addressed in a single day, while others may require additional sessions.

  • Where does David provide mediation services?

    David provides mediation services for disputes throughout Oklahoma. The mediation format and location can be discussed during scheduling.

Discuss Mediation Availability

Attorneys, businesses, and parties interested in determining whether David may be an appropriate mediator may contact his office to discuss availability, scheduling, and the general mediation process.


Contact David A. Walls to begin the conflict-review and scheduling process.

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