Commercial Mediation

Expertise

Mark is one of New Zealand’s leading commercial mediators, with a reputation for skill, determination, commerciality, and relatability (see: Testimonials).

Honours

Mark is the President of the Arbitrators’ and Mediators’ Institute of New Zealand. He was elected President in 2020. He has been an AMINZ Councillor since 2015. 

He is a Fellow of AMINZ, and a Fellow of the International Academy of Mediators.

Awards

Mark won the Mediator of the Year Award at the 2019 New Zealand Law Awards.

In 2016 he received the AMINZ Ann Edge Memorial Award for Excellence in Fellowship Mediation and the Fellowship Mediation Prize.

He won the Resolution Institute’s 2015 award for contribution to dispute resolution by an emerging practitioner. 

Training

Mark completed the Mediating Disputes course at Harvard Law School. He is also Resolution Institute trained.

He now regularly teaches and presents on mediation (see Articles & Seminars Teaching & Memberships).

Panels and lists

Mark is on mediation panels for AMINZ, Immediation, the Health and Disability Commission, the New Zealand Dispute Resolution Centre, the New Zealand Law Society Lawyers Complaints Service, and the Weathertight Homes Tribunal.

He is a facilitator with the Greater Christchurch Claims Resolution Service.

He is on the AMINZ Rural List. As an experienced rural mediator, he has worked on, and trained others about, the Farm Debt Mediation Act 2019. He is an accredited, and experienced, FDMA Mediator.

He is an appointee on the World Intellectual Property Organisation Center’s List of Mediators. He is also on the AMINZ Intellectual Property List.

Experience

Mark has extensive experience successfully mediating high value disputes involving:

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 – see: Articles & Seminars.

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. He 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

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 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 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 has been heavily involved in submissions to Parliament on, and training 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 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 Greater Christchurch Claims Resolution Service.

He has spoken and written on earthquake insurance mediation – 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.

He has worked with international parties, and mediated cross-border issues.

He is a member of Bankside Chambers’ Singapore office – see www.bankside.co.nz/singapore.