Experience Qualification Path
Category 2: CIArb
Mediation Locations
United Kingdom
Mediation languages
English
French
Current position and background
Mark is a commercial and civil mediator based in the North of England who is appointed on a wide variety of domestic and international disputes. He orignally trained as a mediator with CEDR in 1998 and is accredited by them as well as by the ADR group and the Chartered Institute of Arbitrators. He is the vice chairman of the Association of Northern Mediators, a past chairman and current committee member of the North West branch of the Chartered Institute of Arbitrators and a past president of the Manchester Law Society.

Having studied law in Liverpool, Mark joined Eversheds (previously Alexander Tatham)
as a trainee in 1972. He was a partner from 1978 until April 2005. During that period he
was head of commercial litigation in Manchester and subsequently Eversheds National
head of litigation. For the four years prior to his retirement he was head of Eversheds
North Construction & Engineering Team leading a team operating out of several offices.
Throughout his legal career his workload was exclusively contentious
covering litigation, arbitration, adjudication and, of course, mediation and other forms of
dispute resolution.

Further information can be found on Mark's website at http://www.markmattison.co.uk
Main mediation practice areas
Areas of particular experience as a mediator include;-

Banking including mis selling claims
Shareholder and partnership disputes
Construction and Engineering
Contract and Commerce
Professional negligence
Boundary disputes
Probate and Inheritance act disputes
Mediation experience
Mark has acted as a mediator in over 400 cases. These have included multi party contract, banking disputes,construction/engineering, shareholder/partnership disputes and professional negligence claims. Representative mediations include:-

Multimillion pound claims against high banks for mis selling interest rate swaps.

Shareholder disputes involving claims of breach of fiduciary duty and unfair prejudice

Dispute arising out of a wind farm development settled by renegotiation of the terms of a
joint venture agreement.

Contractual dispute regarding supply of vegetables grown in Poland not settled on the day
of the mediation but progress made enabled the parties to come to a settlement
shortly thereafter.

Final account dispute involving Czech contractor retained to carry out hotel refurbishment
resolved on the basis of an agreed payment.

Dispute between pension fund owner of commercial buidling and developer architect
concerning major defects in the building settled by agreeement of extensive schedule
of remedial work to be undertaken after mammoth negotiation lasting into the early hours.

Claim for damages against loss assessor and contractor arising out of failure to prevent
asbestos contamination settled by payment of agreed figure split between the paying
parties
Description of mediation style
Mark has a very efficient style, maintaining good momentum and effective control in his
mediations. He is calm, clear and thoughtful. He works patiently towards practical
solutions.
Code of professional conduct
IMI Code of Professional Conduct
Complaint process
IMI Professional Conduct Assessment Process
Professional indemnity insurance
Oxygen Hiscox professional liability insurance. £5 million cover
Feedback Digest
Reviewer: Mr Richbell David ( david@richbell.org )
Latest Update: 2017-06-01 09:45:11

This feedback Digest is based upon further feedbacks and posted on the 1st June 2017 and confirms the previous feedback entries in 2009 and 2013. He is now a very experienced and competent commercial mediator and is held in high regard both by his peers and users.
A consistent theme from the feedback is Mark's diligent preparation for mediations which gives confidence to both parties and their advisors that Mark has a "full grasp of the issues", "getting to the nub of the issue quickly" and so quickly "gains their trust" and "gives parties confidence".
Several users referred to his skill and tenacity, not only in getting parties to a settlement but also in following up when cases did not settle own the day. One comment stated that Mark handled the mediation process with "skill and diplomacy"
Overall Mark can be seen as, in the words of one commentator, "a top class mediator"


This feedback update is based upon seven specific and five general reports in 2013 and further confirm the previous feedback included below:
"I always recommend Mark first"
"Always excellent - good settlement rate"
"Very direct - no messing, which is what is needed"
"Quick and thorough grasp of the issues from the outset"
"Mark provides value and benefit at every part of the process"
"Managed to challenge with such finesse that the parties did not react badly"
"His efficient way of facilitating the parties helped them to avoid reaching an impasse"

Conclusion
Mark is a very established and highly respected commercial Mediator in the UK, both by users and by the Mediator community.


This Feedback Digest is based on 18 feedbacks in the same number of mediations initially submitted on 11 May 2009.

Introduction

Mark has consistently scored very highly when users were asked for their overall impression and when asked if they were likely to use him as a mediator again or recommend Mark as a mediator to others, the response was positive, with no exceptions. He has also been rated very highly for his skills and abilities as a mediator and his management of the mediation process and end result. All users have commended his ability to resolve most of the issues at the mediation. There has never been any reportable negative feedback from any user.

Approach

Described as ‘dogged’ and very proactive in the lead up to the mediation day, Mark manages to focus the parties even before the mediation, which secures a level of cooperation between the parties. It is obvious that he reads all the papers and understands the case. This gives the parties confidence in his ability to manage the process effectively.

Style

Mark has worked with many users who have experienced the mediation process for the first time. These clients have been ‘very impressed’ and describe his style as ‘quietly efficient’. Users felt that Mark got to the crux of the issues very quickly. The whole process was enjoyed and the mediator found to be very amiable. Mark was seen to have a very good manner coupled with a knowledgeable and calming disposition. The outcome at the mediation was positive, yet unexpected and probably would not have occurred had it not been for the mediation process. Mark has an ability to force the parties to confront the issues and consider their positions.

Other first time users also commented that they were impressed with Mark. Their reason for this was seeing how quickly he grasped the legal and commercial issues and identified the parties’ respective pressure points. He remained sufficiently impartial and clients felt confident in his neutrality, whilst never shirking from expressing a view when appropriate. Mark has a non-judgemental approach and will put each parties’ case well to the other. On one occasion, Mark was applauded for maintaining momentum throughout a long and difficult day which ended in a welcomed commercial and pragmatic, sensible settlement.

Other feedbacks have described Mark as an excellent mediator - he couldn’t be rated highly enough. The user stressed that the mediation settled purely because of the way Mark conducted the mediation. Mark’s style has been described as balanced, relaxed and conducive to assist in attempting to resolve the dispute. He is seen to be fair and just and easy to understand. Mark will confidently put forward ideas none of the parties would have thought of prior to the mediation, whilst balancing this with not trying to push people. In one particular mediation, the user didn’t think the parties would have achieved such an outcome at a trial, as Mark’s ability to grasp the issues very quickly was useful from the outset of his instruction. ‘On the day of the mediation Mark facilitated a number of very helpful discussions being firm when necessary, but in a non-confrontational manner. Mark’s determination to facilitate a settlement was particularly impressive’.

Mark has been commended on how he is prepared to give feedback to the clients as to where he is surprised by their position/approach. He is able to offer his view without advising on the case and his comments can be instrumental in the parties achieving a deal. Mark has been commended on managing to maintain momentum throughout so that users do not get bored and lose interest.

Conclusion

Mark has been identified as a highly skilled and competent mediator for all manner of corporate and commercial disputes. He has been recognized for his efficiency and neutrality, whilst maintaining a consistent pro-active approach in his role as facilitator.

Professional affiliations
Member of the Chartered Insitute of Arbitrators and past North West branch chairman
UK Solicitor and past president of the Manchester Law society
Vice Chairman of the Association of Northern Mediators
Panel member with CIarb, Clerksroom and RICS
Fee rate
available on request
Mediation education and training
CEDR five day course in1998 to achieve CEDR accreditation
ADR group course to secure their accreditation
Regular attender at the Association of Northern Mediators annual Weekend conferences
Civil Mediation Council member and regular attender of their conferences
Mediation teaching and mentoring
Mark has organised and helped to run Mediator training courses in the North West of England on behalf of the Chartered Institute of Arbitrators. He has co-led a mediator training course in Kuala Lumpur organised on behalf of the Attorney General's office. He regularly hosts mediator surgeries and mediation advocacy courses

 

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