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 dispute between a construction manager and a real estate developer regarding cost overruns and deficiencies
- multiple claims arising out of an air accident, with insurance limits issues
- multiple claims arising out of a helicopter crash
- a dispute between brothers regarding a real estate development
- a dispute between a number of parties over deposit monies arising out of the collapsed sale of a development property
- an action against a lawyer and real estate professionals arising out of a real estate transaction
- an action by a strata corporation and its members against a new home warranty provider alleging a wide range of construction defects
- a claim for personal injury against health care practitioners, and a drug manufacturer, and distributor
- a catastrophic injury case arising out of a mountain bike accident against the manufacturer and distributor of components of the mountain bike
- a wide range of personal injury cases, including those arising from motor vehicle accidents, and occupiers’ liability claims
- a variety of claims for long term disability benefits.
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.