Mark Kelly - Barrister & Commercial Mediator

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Profile

Mark Kelly

- Barrister & Commercial Mediator

Mark practises as a barrister, and as a commercial mediator.

His focus is on timely, cost-effective, risk assessment and dispute resolution, using the best options to get the best results.

Background

Mark graduated LLB (Hons) BA from Auckland University in 1993, and was admitted to the New Zealand bar in the same year.

From 1994-1998, Mark was a litigator at Russell McVeagh. In 1999 he worked in Dublin, at A & L Goodbody, Ireland’s pre-eminent firm. From 2000-2004, he was a litigator at Simpson Grierson. Since 2005, he has been a barrister, practising from Park Chambers, Auckland.

Advocacy

Mark has broad experience in litigating contractual and property disputes, construction claims, company and insolvency issues, negligence and other tortious claims, intellectual property disputes, employment disputes, trustee liability issues, and medico-legal matters.

Mark has appeared in the High and District Courts many times and also in the Court of Appeal. He also has experience in the Employment Court, the Employment Authority, the Weathertight Homes Tribunal, the Health Practitioners Disciplinary Tribunal, and the Coroner’s Court. He has acted in numerous arbitrations.

Commercial Mediation

Mark completed the Mediating Disputes course at Harvard Law School. He is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand, and an AMINZ Council member. Mark is also a Resolution Institute-trained and accredited mediator.

He is on mediation panels for AMINZ, the Health and Disability Commission, the New Zealand Dispute Resolution Centre and the New Zealand Law Society Lawyers Complaints Service.

He is an appointee on the World Intellectual Property Organisation Center’s List of Mediators. The WIPO Center is administered from Geneva, Switzerland, and facilitates the resolution of IP disputes worldwide.

He has successfully mediated disputes involving: company, construction, contract, earthquake, education, employment, finance, insurance, intellectual property, property, relationship property, rural, tortious, trustee and weathertightness issues. He has worked with local and international parties.

Mark was the winner of the Resolution Institute's 2015 award for contribution to dispute resolution by an emerging practitioner. In 2016 he was recognised as one of the top 10 mediators in New Zealand by LawFuel. He was also awarded the AMINZ Ann Edge Memorial Award for Excellence in Fellowship Mediation and the Fellowship Mediation Prize.

Publications, teaching and memberships

Mark has had articles published on recent developments and topical issues in mediation. He has presented conference papers and seminars on mediation, construction law, medical discipline, trustee liability, contractual issues, legal privilege and the Fair Trading Act.

He has been invited to judge mooting and interviewing competitions at the Auckland University Law School, and to coach the Law School’s ICC International Commercial Mediation Competition team. He has been on the faculty of the AMINZ Mediation Skills Intensive course.

He is a current member of the New Zealand Society of Construction Law, the New Zealand Bar Association, the New Zealand Insurance Law Association, the Auckland Medico-Legal Society and the Intellectual Property Society of Australia and New Zealand.

Pro bono and personal

Mark has maintained a pro bono commitment to the Otara Citizens’ Advice Bureau since the mid-90s. He recently completed seven years on the board of a decile 1 primary school. He has undertaken coaching work for The Peace Foundation, and been involved in various other charitable and pro bono work.

Mark is married, with two children, and lives on Auckland’s North Shore.