Mark provides services as a mediator, arbitrator, and adjudicator.
Mark has a broad mediation practice. His experience ranges from relatively simple two party disputes to complex multi-party litigation. He has provided services to clients in the public and private sectors, including non-profits and community based organisations.
The advantages of mediation include:
- it takes less time to bring a matter to conclusion, and is less expensive than engaging in litigation
- it allows the parties to fashion solutions that a court or arbitral tribunal can not
- it gives the parties control over the outcome of the dispute, and avoids the risk of an adverse finding
- it is confidential.
Most mediations take place within the framework of an existing legal proceeding. However, many mediations are conducted and disputes resolved before litigation has been commenced.
Mark has particular expertise and experience dealing with disputes that are high conflict or have high emotional content, including disputes between shareholders of small or closely held corporations, estate matters, and family businesses. These cases often involve significant “back stories”, which must be acknowledged even if they can’t be resolved. Mark is skilled at listening to these underlying complaints, and assisting the parties in separating them from the immediate dispute.
Recent matters that Mark has assisted in resolving through mediation include:
- a claim by a medical health professional for long term disability benefits
- a dispute between a construction manager and the owner of a ranch arising out of the construction of various buildings on the ranch property
- a claim by a widow against her deceased husband’s family when the husband died intestate
- a dental malpractice case with significant liability, quantum, and insurance coverage and limits issues
- a dispute between joint venture partners involving multiple limited companies and revenue properties
- a dispute between brothers who were partners in a real estate development
- a claim by a strata corporation and its members against a new home warranty provider arising out of a wide range of alleged construction defects
- a dispute between siblings regarding their mother’s estate
- a wide variety of personal injury , including those arising from motor vehicle accidents, and occupiers’ liability claims.
Mark’s arbitration experience includes insurance disputes, UMP claims, construction claims, and commercial transactions. He also has substantial experience as a Court appointed adjudicator in class action matters.
When sitting as an arbitrator or adjudicator, Mark takes an active role in managing the litigation to ensure that it is moved forward expeditiously. He deals with procedural matters quickly and efficiently, and strives to provide a written decision on the merits of the case within 30 days after the conclusion of evidence and argument.