CEDR Accreditation: CEDR Panel Member Since: 1999 2003 Languages: Location: English Singapore Mark helped the parties understand the risks. We chose him among the different mediators because of his robust style. Mediation Feedback Overview Mark is a Chartered Quantity Surveyor who has been mediating since 1997 and was accredited by CEDR in 1999 and by the SISV in 2011. He has completed 70 commercial mediations. Mark works full time in the Construction & Engineering Dispute Resolution arena has particular experience of mediating construction, engineering and property related disputes. In addition, Mark has mediated disputes in the Finance /Insurance sector, various commercial sector disputes, private & family related disputes and disputes involving the police. Professional Background Mark is a Chartered Quantity Surveyor who specialised in mechanical and electrical services. After qualifying he spent 6 ½ years working for contractors abroad in Abu-Dhabi, Singapore and Sri- Lanka. Mark has over 25 years experience in the management of commercial contracts, subcontracts, disputes including claim preparation and review on a wide range of building (e.g. offices, retail and university related), property, oil & gas, marine, transport and engineering projects in the Middle East, the Far East, the UK and Europe. Expertise Construction & Engineering Energy & Natural Resources Professional Negligence Commercial Contracts Environmental Property 1
Dispute Experience (Non-Neutral work in italics) Construction & Engineering Extra costs claim between a sprinkler contractor and his pipework fabricator. Contractor s claim for delays and costs against a London Borough. Dispute between a contractor and a sub-contractor over responsibility for the pipework in a water industry dispute. Dispute between a contractor and sub-contractor over responsibility for the mechanical and electrical services in a nuclear industry dispute. Several disputes between clients and their contractors or architects/surveyors. Dispute between and elderly couple and their builder over payments and defects to a half built property. One of the parties was critically ill and the mediation was held at the couple s home. Dispute between an elderly retired couple and their builder over defects concerning a property they had purchased off-plan. Dispute between a statutory utility contractor and a road contractor regarding a damaged gas pipe. A defects claim by a hotel against the contractor who had erected a large Orangery. This involved a third party Designer. A four party mediation involving Employer, Main Contractor, Sub-Contractor and Designer concerning responsibility for a gas pipe installation to a block of flats. Dispute between a flooring contractor and a sporting venue operator regarding variations and payments. Dispute regarding compensation for an Asbestos related illness to an employee with 30 years of service. Dispute between a material supplier and the contractor regarding defects to the sprayed coating. Dispute between a contractor and a sub-contractor over responsibility for the pipework in a water industry dispute. Prepared claims for and advised engineering contractors on MRT projects in Singapore. 2
Commercial Contracts Quantum assessment for an International airport baggage handling scheme. Energy & Natural Resources Dispute between a contractor and sub-contractor over responsibility for the mechanical and electrical services in a nuclear industry dispute. A five party mediation involving Employer, Main Contractor, Sub-Contractor, Sub- Contractor and Designer concerning responsibility for a gas pipe installation. Dispute between a statutory utility contractor and a road contractor over damage to a gas pipe. Assistant to the Quantum Expert on an ICC arbitration related to a 1,600MW new build Nuclear Power Plant in Europe. Eight-month secondment to an FPSO Contractor (working in Copenhagen and Singapore) as Commercial Manager responsible for cost control as well as claim preparation against a sub-contractor. An M&E quantum expert report for a pipework contractor on a refinery in Singapore. Investigation and report into quantum aspects of a dispute concerning delays and extra costs between two consortium partners on a combined cycle power plant in Singapore. Investigation and report into the contractual requirements regarding extensions of time for a contractor on a desalination and power plant in Libya. Preparation of a claim for an Indian contractor on a Soda Ash plant in Africa. Assisted the Quantum Expert on an ICC Arbitration concerning delay and disruption in the construction of two jack-up drilling rigs. Assisted the Quantum Expert on an LCIA Arbitration concerning a power station in the UK. Case Manager on an LCIA Arbitration involving a Kuwaiti pipeline and tank farm subcontractor in dispute with a Chinese main contractor. Preparation of Expert report for one party on a dispute between consortium members on a large dam project in Malaysia. Environmental: Review of the contract, production of report and advice to a sub-contractor in Hong Kong preparing for mediation on a Sewage Treatment plant. 3
Professional Negligence Professional negligence dispute between a developer and the architect. Professional fees paid to a firm of surveyors. A dispute between an employer and the electrical design consultant over a failure in the duty of care concerning a bus-bar installation. Two, three party disputes between two agents and a property vendor. Property: Independent Housing Ombudsman disputes. Two three party disputes between two agents and a property vendor. Anti-social behaviour. Dilapidations. Lease renewals and termination. :Boundaries Dispute between two neighbours over damage caused to 50 no. 100ft high trees along the boundary further to pruning. Dispute between two neighbours concerning an overhanging extension. Dispute between two neighbours concerning the boundary related to hedges and an old (long since disappeared) stream. Dispute between a house owner and the next door field owner regarding a boundary stream. Dispute between two neighbours concerning a shared drive-way and general rights of access. Two disputes concerning party walls. A dispute over damage caused to 50 tall trees along a boundary further to pruning. A dispute concerning an overhanging extension. A dispute related to hedges and an old (long since disappeared) stream. 4
A dispute between a house owner and the next door field owner regarding a boundary stream. :Neighbourhood Several property disputes between neighbours including: Party walls; Rights of way; Land ownership; Disputes including high hedges in his role as a volunteer mediator. Other Dispute Resolution Experience Consumer Dispute Before relocating to Singapore Mark was Convenor for IDRS (a CIArb company) Funeral Conciliation panel which was running a scheme run for families of the bereaved who had undergone unpleasant experiences at the hands of funeral directors. The scheme involved speaking (acting as mediator) to the parties over the phone and if there was no resolution, to act as Conciliator and write a nonbinding recommendation. Personal Style Mark is very personable and makes the parties feel at ease with his calm and relaxed professional approach. He is always thoroughly prepared and with his professional background understands the technical aspects of disputes. This proves invaluable when it comes to reality checking. He is also well versed in discussing the legal aspects of a case with his arbitration training and claims related background. Feedback my client was pleased. Revolutionary method to get the agreement but a drastic method was needed and it worked well was obviously well prepared and it was clear throughout that he totally understood the case made them feel confident in his abilities. He came up with constructive ideas for settlement 5
There was a realisation by the parties that this was not a clear-cut case and that it was rather a muddle. Mark helped the parties understand the risks. He was very good and I would use him again we were very pleased. I thought Mark was really helpful. Very proactive approach. The telephone conversations before the mediation were really useful. We chose him among the different mediators because of his robust style which was necessary in this particular case. He seemed to appreciate everyone s positions and to work towards their goals. I was very impressed with the way he managed to provide us with an offer, which I believe it was the best we could have ever got.. I think he did a great job, and I would use him again. Mark had good attention to detail grasped facts well, as it was quite a technical case. He got the papers quite late as we couldn t agree those with the other side. So it was good he was up to speed He was amenable to different approaches and got the parties to move in the right direction.. We would definitely use Mark again. I thought Mark did very well considering there were four parties involved and many interests. I think he got to grips with the issues quite quickly...well done for getting the parties together to talk to each other.a great result I want to record my appreciation of the considerable skill, application and commendable determination you brought to the process Professional Skills Mark is a Senior Associate Director at HLP Consulting Pte Ltd in Singapore, a dispute resolution consultancy that deals with all aspects of construction, engineering and energy disputes on a worldwide basis, including acting as Expert Witness. Mark is a Chartered Arbitrator who has acted in that capacity in construction and property disputes. He has received appointments to act from various sources including the Chartered Institute of Arbitrators (CIArb), the SIAC and party appointments. He has also acted as an expert witness (M&E related) on four occasions and as an (RICS appointed) Independent Expert on a dispute between a contractor and the owner of a luxury home. 6
On-Line Mediation Mark spent nearly 2 years mediating for Squaretrade, the on-line mediation service run by ebay. The disputes were between buyers and sellers using ebay and involved the use of a post box as the mediation method. Other Panel Memberships CEDR Arbitrator & Adjudicator Panels SIAC Arbitrator list LCIA (India) database of Arbitrators and Independent neutrals The Singapore Institute of Surveyors and Valuers (SISV) Mediator panel TeCSA Mediator panel Chartered Institute of Arbitrators (CIArb) Mediators panel ASTI Scheme arbitration panel (Travel disputes) London Boroughs Housing Scheme panel (arbitration/adjudication/mediation) CISAS panel (adjudication) Deposit Protection Scheme panel (adjudication) Royal Institution of Chartered Surveyors (RICS) Mediator panel The Chartered Institute of Builders (CIOB) Mediator panel Other Mediation Related Information Mark has acted as a volunteer mediator since 1997 with Hounslow Mediation Service and has mediated many disputes, including boundaries, antisocial behaviour and several multi-party disputes (up to nine parties). He joined Guildford Community Mediation Service in the summer of 2003 where, as well as mediating, he was Co-Chairman. In that role he acted as chair for a meeting between parents and pupils of a special needs school and the local council regarding the impending closure of that school. Mark has extensive of mediating on-line having done so for Squaretrade, the ebay dispute resolver. Since relocating back to Singapore, Mark has been accredited as a mediator with the SISV. 7