Commercial Mediation.
Company, contract, debt, education businesses, employment, finance, negligence, partnership, property, relationship property (family businesses).
With 25 years experience as a litigator, Mark understands the legal, evidential, and costs dynamics in general commercial litigation. He works with counsel and participants in mediations to ensure that all are making settlement decisions on the basis of realistic risk/cost analyses.
He has spoken and written on risk/costs analysis, and various other topics relating to general commercial mediation.
In the construction space, Mark has mediated with contractors, principals, sub-contractors, consultants and a wide variety of experts. He has mediated multi-party claims, high-value residential claims, commercial claims and infrastructure disputes.
Mark is familiar with the legislative and contractual framework within which construction disputes occur – from the Building and Construction Contracts Acts, to NZS3910 and the NZIA SCC.
He has spoken on construction law, and construction mediation – see: Articles & Seminars.
He is a member of the New Zealand Society of Construction Law.
Mark has mediated with insurers, insured claimants, insured defendants and third parties, and in many extent/declinature of cover disputes.
He has spoken on insurance mediation – see: Articles & Seminars.
He is a member of the New Zealand Insurance Law Association.
He has worked with international parties and mediated cross-border issues.
Mark studied intellectual property at Auckland Law School. He has been senior counsel in IP trials, from Harlow v Griffins Foods Ltd [2003] BCL 31 (breach of confidence), to Eight Mile Style, LLC v New Zealand National Party (2017) 127 IPR 318 (the “Eminem” breach of copyright claim). He has also acted on patent and trademark infringement claims.
He understands the framework and language of IP disputes. He has mediated a variety of IP issues, and enjoys working with participants on the particular intellectual and commercial challenges that such issues can pose.
He is an appointee on the World Intellectual Property Organisation Center’s List of Mediators. He is also on the AMINZ Intellectual Property List.
He has spoken and written on IP mediation – see: Articles & Seminars.
He is a member of the Intellectual Property Society of Australia and New Zealand.
Mark has been mediating Canterbury earthquake sequence insurance disputes since 2015. He has an in-depth appreciation of the emotional, legal, engineering, consenting, construction and costs issues that arise in these disputes.
He works in a sensitive but determined manner to try and help parties find common ground so they can move on.
He is a facilitator with the New Zealand Claims Resolution Service (formerly the Greater Christchurch Claims Resolution Service).
He has spoken and written on natural disaster insurance mediation – see Articles & Seminars.
Mark mediates higher value relationship property disputes. He is adept at guiding parties to work through related issues, including: valuation disputes, trust-owned property, business assets, maintenance claims, and economic disparity claims. He works to help parties move from high conflict to compromise, enabling all to move on.
Mark has mediated rural disputes about: farm management, farm land and buildings, farm equipment, farm leases, cool stores, debt issues, and farms as parts of estates.
He is on the AMINZ Rural List. As an experienced rural mediator, he was involved from the outset with, and has trained others about, the Farm Debt Mediation Act 2019. He is an accredited, and experienced, FDMA mediator.
He has spoken on Farm Debt Mediation – see Articles & Seminars.
Mark has mediated disputes over sports governance, selection, accreditation, conduct and coaching. He has worked in both high-performance and community contexts.
He is on the mediation panel for Sport NZ’s Sport and Recreation Complaints and Mediation Service.
Mark appreciates the delicate family dynamics that often come with disputes over trusts and estates. He has mediated such disputes involving a variety of asset types, including residential property, commercial and rural property, cash and shares. He is familiar with trustee and executor liability issues.
He has spoken on legal developments regarding trusts – see Articles & Seminars.
Mark has mediated many weathertightness claims, including very large multi-party and multi-unit matters.
He is on the mediation panel for the Weathertight Homes Tribunal.
“As counsel who has used you many times over the past 5 years or so on a wide range of matters, I highly recommend you. But it is your work over the past couple of years in the Earthquake litigation here in Christchurch that has really seen you shine above others and is second to none. Your mediating has been excellent, and I know that I am not alone in saying that and recommending you for as many earthquake cases as we can.”
Practicalities
Mark’s fees are available on request. He charges reduced fees for farm debt and private earthquake insurance matters. He is happy to discuss pro bono matters.
Parties are invited to use the agreements to mediate linked below.
– Standard agreement to mediate
– FDMA procedure agreement (includes terms of engagement)
Mark’s standard terms of engagement are available on request.
Mark is based in Auckland, but mediates throughout New Zealand. He does not charge any additional costs for mediations in other New Zealand centres. Parties can arrange their own venue for a mediation, or assistance can be provided.
Mark has experience mediating on-line, by videoconference. He has successfully concluded many mediations, including high-value and multi-party matters, in this way.
He works with participants to ensure they are comfortable with, and can get the best from, the format. He typically hosts videoconferences on Zoom. But, if parties prefer other platforms, he is happy to work with them.
Contact Mark to discuss availability, and any other queries. Once all parties are agreed on a date for the mediation, Mark will write to all covering off housekeeping and preparation.