Member

Change your cover photo
Upload
Mark Lomas
Change your cover photo
This user account status is Approved

This user has not added any information to their profile yet.

IMI Certified Mediator
United Kingdom
EQP - Experience Qualification Path (Historic)
Mediation Profile

Mark was called to the English Bar in 1977 and appointed Queen's Counsel in 2003; he practiced as junior and leading counsel at the Commercial and Common Law Bar for over 30 years with a particular specialisation in Professional Liability and Insurance. He became an Accredited Mediator with ADR Group in 2001; he was a Panel Member and Registered Mediator with Littleton Dispute Resolution Services Limited from 2001 to 2009; he joined Independent Mediators as a full-time mediator in June 2009; he is a member of Littleton Chambers International Arbitration Group. Mark has been mediating regularly since 2001, in combination with continuing practice at the commercial and common law bar. Since taking silk in 2003 mediation made up an increasing part of his overall practice, combined with the conduct of a number of large cases in the High Court. A recent reported case in the commercial field was Mainstream Properties v Young IRLR [2005] 964 in which he successfully defended a claim for deliberate inducement of breach of contract in the High Court and in the Court of Appeal, during which the test for intent in the tort of inducement was re-defined and subsequently upheld by the House of Lords. His most recent professional negligence case was Daniels v Deville in 2008, where he achieved summary dismissal of all claims against a firm of solicitors in the second week of a multi-party multi-million pound claim. In June 2009 Mark ceased practice as an advocate to devote his full time to mediation and arbitration. Mark has acted as sole or lead mediator in well over 300 mediations covering a wide variety of disputes ranging from multi-millions to tens of thousands of pounds in areas including commercial contract, professional negligence, insurance, common law, construction, probate, personal injury and employment. Mark also acts as arbitrator in commercial and insurance based disputes as a member of Littleton Chambers’ International Arbitration Group.

Mark mediates regularly in all commercial, common law and related fields but has a particular reputation in the field of professional negligence. He has conducted well over 500 mediations in values ranging from over £100m to under £100k in a variety of areas including those listed below. His biggest mediation to date was a 7 party commercial dispute worth over £120m involving four international insurers, settled in 4 days of mediation over two weeks. He is listed in the top tier of mediators in the UK section of both Legal 500 and Chamber and Partners, the well known international legal directories. Comments include: His manner is ‘amiable, polished and gentlemanly. He has a good sense of humour, and clients enjoy his company’. He nevertheless ‘asks tough questions, forces confrontation of issues’, and wins confidence through a ‘phenomenal grasp of detail’. Strategically he has demonstrated outstanding creativity with great ‘persistence and resilience’. Solicitors say he has ‘a huge amount of legal experience’ and ‘a clear grasp of complex issues with the right level of persuasion’, and describe his approach as ‘confident and always in control; helpful, no nonsense, and all with a touch of humour’.

Mark tries to use the style he judges best suited to the problem at hand. He tries to be facilitative where possible but is prepared to ask probing questions and to challenge a party's position when that appears necessary to move the negotiation into more realistic territory. He has on occasions brokered new commercial deals between parties who have enjoyed a fruitful relationship in the past that has broken down over the dispute in question. His style is best summarised in Legal 500, which describes him as ".. amiable, polished and gentlemanly. He has a good sense of humour, and clients enjoy his company. He nevertheless asks tough questions, forces confrontation of issues, and wins confidence through a phenomenal grasp of detail. Strategically he has demonstrated outstanding creativity with great persistence and resilience".
Mark has acted as sole or lead mediator in a wide variety of disputes ranging from multi-million pounds to tens of thousands of pounds in areas including: - Commercial contract disputes involving sale of goods and businesses, property development, construction and sale of property, information technology, intellectual property, commercial supply, publishing, joint venture agreements and other areas; - Solicitors' negligence in the conduct of litigation, conveyancing, sale of businesses, commercial deals, taxation, probate, divorce, bankruptcy and other areas; - Barristers' negligence in the conduct of litigation and advice in various areas; -Surveyors', Quantity Surveyors' and Architects' negligence in building design, valuation, construction and sale of residential, commercial and development property; - Accountants' negligence in auditing and accounting services and advising on tax and other matters; - Financial Advisers' negligence in advising and selling pension and tax management schemes; - Insurance disputes in the commercial and professional indemnity fields; - Personal and industrial injuries; - Common law and tort-based claims in a wide variety of matters both corporate and personal; - Employment disputes in commercial and Local Government fields; - Property dispute arising out of a criminal confiscation order, in what is believed to have been the first mediation in which the Serious Fraud Office was a party.

Fees vary depending on the value and complexity of the dispute and the number of parties to the mediation. For details contact Independent Mediators.

Member of the Chartered Institute of Arbitrators; Member of the Commercial and Common Law Bar Association; Member of the Professional Negligence Bar Association.

Training and Education
Publications
Compliance

IMI Code of Professional Conduct; Subject to the Code of Conduct of the Bar Council of England and Wales. EU Code of Conduct.

IMI Professional Conduct Assessment Process. Independent Mediators Code of Conduct.

Bar Mutual Insurance Fund - maximum cover £2,500,000 per claim.

Contact
Mark Lomas
United Kingdom
Diversity data (optional - not publicly visible)
Prefer not to say

Shopping Basket
Scroll to Top