Independent, Impartial, Expert and Fair Dispute Resolution

Mark Kane is an experienced dispute resolution practitioner with well over 2,500 references having been completed as sole dispute resolver and many more as a tribunal member or chair.

Mark Kane operates from Galway in the West of Ireland and Dublin City Centre with his practise covering all of Ireland, the United Kingdom, the European Union and internationally including New York State.

Although his primary experience is in the handling of construction, engineering, building and property disputes, Mark Kane has a considerably wider portfolio of retentions including as independent regulatory decision maker, statutory complaint resolver and lay public interest tribunal member.

He has an interest in and a particularly strong portfolio of handling remote hearings, difficult cases, cases that involve extensive use of translators/interpreters and cases that involve the use of assistive technologies and reasonable accommodation for parties and witnesses needing same.

Arbitration

Arbitration is a formal means of dispute resolution whereby the disputing parties agree to submit their dispute to a neutral third party for determination. In arbitration, an independent arbitrator will hear details of a disagreement between the parties, consider all the submissions and evidence, and give a final decision on the dispute.

Mark Kane is available for appointment as Arbitrator.

Adjudication

Adjudication is a fast track means of dispute resolution whereby the disputing parties agree to submit their dispute to a neutral third party for determination. In adjudication, an independent adjudicator will hear details of a disagreement between the parties, consider all the submissions and evidence, and give a decision on the dispute.

Mark Kane is available for appointment as Adjudicator.

Mediation

Mediation is a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute. In mediation only the parties decide if, when, and how to resolve their dispute.

Mark Kane is available for appointment as Mediator.

Conciliation

Conciliation, in the Irish Construction Industry, is a contractual process similar to mediation whereby the conciliator seeks to facilitate a settlement between the parties. The conciliator is obliged to issue a recommendation for the resolution of the dispute if the parties fail to reach settlement.

Mark Kane is available for appointment as Conciliator.

Investigation

An investigation should be an independent and unbiased inquiry into a particular issue, that follows fair procedures, with the aim of gathering relevant evidence to determine whether or not a specific incident has occurred, or simply to establish facts.

Mark Kane is available for appointment as Investigator.

Complaints Resolution

The complaints procedure is a systematic method used by organisations for receiving, recording and responding to complaints made by their staff, customers, users and stakeholders to ensure that complaints are dealt with sensitively, efficiently, and are learnt from.

Mark Kane is available for appointment as standing Complaints Officer or for appointment to deal specific complaints.

Party Representative / Advocate in ADR

A representative / advocate is a person who pleads another's cause, or who speaks or writes in support of something.

Mark Kane is available for appointment as a party’s Representative/Advocate in alternative dispute resolution processes including arbitration, adjudication and mediation.

Expert Witness

Mark Kane is available for appointment as Expert Witness on matters/disputes relating to:

Construction industry professional ethics
Construction contracts & custom
Construction dispute resolution processes
Main/sub-contractor negligence
Project managers negligence
Sub-contractor procurement
Construction management
Contractor’s design
Programming, planning, scheduling
Delay and disruption impact analysis
Extension of time (EOT) claims
Arbitrator/Mediator/Adjudicator misconduct

Business Leadership Services

Non-Executive Director

A non-executive director is a member of a company's board of directors who is not part of the executive team. A non-executive director typically does not engage in the day-to-day management of the organisation but is involved in strategy, governance, policymaking, planning and board level decisions.

Mark Kane is available for appointment as Non-Executive Director.

Company Secretary

Non-Executive Director

The Company Secretary is one of the company's officers and is an expressly named representative on various legal documentation. They play an important role in the company’s governance and can have a wide remit as given by the board of directors. It is their responsibility to ensure that the company and its directors operate in line with legislation.

Mark Kane is available for appointment as Company Secretary.

Management Consultant

Management consultants help organisations to solve issues, create value, maximise growth and improve business performance. They use their business skills to provide objective advice and expertise, and help an organisation to develop any specialist skills that it may be lacking.

Mark Kane is available for appointment as Management Consultant.

Leadership Consultant

Management Consultant

A leadership consultant will work with an in situ leader to critically assess current leadership efforts and advise on strategies and tactics for improved leadership effect.

Mark Kane is available for appointment as Leadership Consultant.

About Mark Kane

Mark E J Kane, KCHS BSc(Hons) LLB(Hons) LLM(Distinction) MEng(First) FCIOB FCIArb C.BuildE FCABE

Attorney & Counselor-At-Law (New York, USA)
Peace Commissioner (County Galway, Ireland)
Arbitrator, Adjudicator, Mediator & Expert Witness
Chartered Construction Manager, Chartered Building Engineer, Civil Engineer & Project Manager

Experience

Over 15 years professional experience in the construction, engineering and building industries, projects ranging from one off custom homes to major infrastructure and building projects.
Over 10 years business leadership experience particularly in the construction, engineering and building industries but increasingly also in the public and charity sectors.
More than 2,500 appointments as dispute resolver, including appointments as arbitrator, adjudicator and mediator.
Considerable 3 to 5 member tribunal experience as member and increasingly as chair.

Major Qualifications

Master of Engineering - M.Eng. in Engineering Management in Digital Construction & the Built Environment (First Class Honours) - Technological University of the Shannon (TUS)
Graduate Certificate in Professional Leadership - Institute of Technology Sligo (IT Sligo)
Certificate in Marriage Education, Preparation & Facilitation - Pontifical University, St. Patrick's College, Maynooth
Master of Laws - LL.M. in Construction Law and Arbitration (Awarded With Distinction) - Robert Gordon University (RGU)
Graduate Diploma in Construction Law (Awarded With Distinction) - Robert Gordon University (RGU)
Graduate Diploma in Arbitration Law - University College Dublin (UCD)
Bachelor of Laws (Honours) in Irish Law - LL.B. (Hons) - Nottingham Trent University (NTU) / Griffith College Dublin (GCD)
Bachelor of Science (Honours) in Construction Management - B.Sc. (Hons) - Galway-Mayo Institute of Technology (GMIT)
Graduate of Dominican College Newbridge (Newbridge College)

Memberships

Chartered Fellow of The Chartered Institute of Building (FCIOB) “Chartered Builder” & "Chartered Construction Manager"
Chartered Fellow of The Chartered Association of Building Engineers (C.Build E FCABE) "Chartered Building Engineer"
Arbitration Fellow of The Chartered Institute of Arbitrators (FCIArb)
Member of Arbitration Ireland
New York State Supreme Court admitted Attorney and Counselor-At-Law
Approved Mediator of the Mediators' Institute of Ireland
Knight Commander (KCHS) of the Equestrian Order of the Holy Sepulchre of Jerusalem (EOHSJ)
Liveryman of the Worshipful Company of Constructors

Personal Information

Mark Kane is a married father of five who is very active in various businesses, charities and the Catholic Church. He has various interests including: history, politics, public service, gardening and scouting.

PUBLIC DOMAIN PORTFOLIO of Offices, Roles & PUBLICATIONS

Current Offices - Public Service

Member of the Personal Insolvency Practitioners (PIPs) Complaints Committees
Adjudicator & Mediator Panel Member to the Residential Tenancies Board (RTB)
Member of the Preliminary Proceedings Committee of the Health and Social Care Professionals Council (CORU)
Peace Commissioner for the County of Galway, Ireland
Acting Chair of the Professional Conduct Committee and Member of the Disciplinary Committee Panel of the Pharmaceutical Society of Ireland (PSI)
Member of the Medical Council's Registration Review Board
Independent Mediator to the Professional Conduct Committee of the Society of Chartered Surveyors Ireland (SCSI)
Member of the Dental Council, its Fitness to Practise Committee and its Audit and Risk Committee
Member of QQI's Programme and Awards Oversight Committee (PAOC)
Independent Mediator to the Injuries Resolution Board

Current Offices - Community, Charity, Church & Education

Mentor for Masters Construction Law Students under the RGU Alumni Mentoring Programme
Parish Pastoral Council Member & Minister of the Word/Reader & Eucharistic Minister at Parish of Corofin and Belclare
Director and Secretary of Saolta Arts CLG
Associate Tutor and Module Tutor at the University College of Estate Management (UCEM)
Veteran Member of Óglaigh Náisiúnta na hÉireann (One)

Publications

'Essential Project Management' (Kane 2023) ISBN 978-0-9927879-3-6
'A Critical Perspective on Leadership in Engineering Practice: The Ethical Engineer’s Leadership Approach' (Kane 2022) On ResearchGate
'Distilling Leadership' (Kane 2021) ISBN 978-0-9927879-1-2
'An Examination of Authenticity and Power in three Irish Professional Leaders Delivering Organisational Change' in Journal of Leadership and Management (2021) 1(19) pp.24-30
'Book Review: Building Construction in Britain: From 600AD to 1890' in Building Engineer (Chartered Association of Building Engineers 2019)
'Book Review: Construction Adjudication in Ireland' in Building Engineer (Chartered Association of Building Engineers 2017)
'Incorporating Sustainability into the Chartered Building Engineer's Practice' in Building Engineer (Chartered Association of Building Engineers 2017)
'Book Review: Construction Economics: A New Approach, 4th Edition' in Building Engineer (Chartered Association of Building Engineers 2017)
'Book Review: Construction Law: From Beginner to Practitioner' in Building Engineer (Chartered Association of Building Engineers 2017)
'Book Review: The Ten Most Influential Buildings In History: Architecture's Archetypes' in Building Engineer (Chartered Association of Building Engineers 2017)
'The Utility of Drones in the Surveying of Buildings and Building Works' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: Estimating and Tendering for Construction Work, 5th Edition' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: Concrete Design (Architect's Guidebooks to Structures)' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: The BIM Manager's Handbook: Guidance for Professionals in Architecture, Engineering and Construction' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: Inspections and Reports on Dwellings: Reporting for Buyers, 2nd Edition' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: BIM And Quantity Surveying' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: The Modern House' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: Achieving Successful Construction Projects: A guide for industry leaders and programme managers' in Building Engineer (Chartered Association of Building Engineers 2016)
'Book Review: Project Life Cycle Economics: Cost Estimation, Management and Effectiveness in Construction Projects' in Building Engineer (Chartered Association of Building Engineers 2015)
'Book Review: Exercising Agency: Decision Making and Project Initiation' in Building Engineer (Chartered Association of Building Engineers 2015)
‘Early Planning and Progress in the Preservation and Redevelopment of Corofin Castle' in Building Engineer (Chartered Association of Building Engineers 2015)
‘Book Review: Managing Risk In Construction Projects, Third Edition’ in Building Engineer (Chartered Association of Building Engineers 2015)
Dissertation: Construction Sub-Contract Arbitration Post-Commencement of the Construction Contracts Act 2013, LLM (Robert Gordon University 2014)
‘Membership Profile for Fellowship’ in Building Engineer (Chartered Association of Building Engineers 2014)
‘Irish Construction Sub-Contracting: Law, Practice and Commentary’ (Kane 2013) ISBN 978-0-9927879-0-5
‘The Arbitration of New York’s Construction Disputes’ in Perspective (New York State Bar Association 2013)
‘Online ADR - Future or Fad?’ in Resolution Roundtable (New York State Bar Association 2013)
‘Apprenticeship for the Novice ADR Practitioner’ in Resolution Roundtable (New York State Bar Association 2013)
Dissertation: A Critical Legal Analysis of Construction Sub-Contracting In Ireland, LLM (Robert Gordon University 2013)
‘Construction Defects’ in Electronically in Touch (New York State Bar Association 2012)
‘Alternative Dispute Resolution (ADR)’ in Electronically in Touch (New York State Bar Association 2012)
‘International Construction Contracts, FIDIC & NEC3’ in Electronically in Touch (New York State Bar Association 2012)
Dissertation: Microelectronic Fabrication Plants: Procurement, Design and Construction, B.Sc.(Hons) (Galway-Mayo Institute of Technology 2005)

Former Offices, Roles & Memberships

Freeman of the Worshipful Company of Constructors
Lieutenancy Secretary of the Equestrian Order of the Holy Sepulchre of Jerusalem, Lieutenancy of Ireland
Group Leader, Beaver & Cub Scouter at 2nd Galway (Tuam Scouts)
St. James Conference Member of the Society of St Vincent de Paul's Croí na Gaillimhe Resource Centre
Member of National Safeguarding Sub-Committee to Scouting Ireland's Board
Pro Bono Mediator at COVID-19 Mediators
Ecclesiastical Auditor at the Galway Regional Marriage Tribunal
Knight (KHS) of the Equestrian Order of the Holy Sepulchre of Jerusalem (EOHSJ)
Member of the Fitness to Practise Committee of the Nursing and Midwifery Board of Ireland (NMBI)
Director of the Galway Centre for Independent Living CLG
Secretary of the Galway Centre for Independent Living CLG
Director of the Galway Centre for Independent Living CE Scheme CLG
Treasurer of the Galway Centre for Independent Living CE Scheme CLG
Marriage Education Facilitator of Accord Catholic Marriage Care Service
Member of the Dental Council and its Fitness to Practise Committee
Member of the Chartered Institute of Building (CIOB) Professional Conduct Committee / Investigation Panel
Sometime Chair of the Chartered Institute of Building (CIOB) Professional Conduct Committee's Investigation Panel
Coordinator of the "Ducks in a Row" Mediators' Institute of Ireland (MII) Online Sharing and Learning Group
Alternate Chairperson of the Preliminary Proceedings Committee of the Health and Social Care Professionals Council (CORU)
Certified Mediator of the Mediators' Institute of Ireland
Judge at the All-Ireland Young Mediator Competition 2017
Treasurer of the Western Centre, CIOB in Ireland
Chairman of the Western Centre, CIOB in Ireland
Council Member of CIOB in Ireland
CIOB Western Centre Novus Representative
Adjudicator & Mediator Panel Member to the Private Residential Tenancies Board (PRTB)
Vice-Chair of the Western Centre, CIOB in Ireland
Member of the CABE Republic of Ireland Regional Committee
Vice-Chair of Novus Ireland
CIOB Representative to Construction IT Alliance (CITA)
Trustee of Corofin Castle Trust (Corofin Castle, Cummer-Tuam, Galway)
Member of the CIArb YMG Steering Committee
Member of the CIArb YMG Steering Committee's Social Media Sub-Committee
Associate of the Chartered Institute of Arbitrators (ACIArb)
Member of the CIArb Membership Development Sub-Committee (Irish Branch)
Co-Chair of the External Relations CIArb YMG Steering Committee (Worldwide)
Ordinary Member of Engineers Ireland (MIEI)
Member of the Engineers Ireland's West Region's Young Engineer Sub-Committee
Pupil Arbitrator/Conciliator at Engineers Ireland
Member of the Swiss Arbitration Association (ASA)
Member of the Swiss Arbitration Association's Below 40 Group
Incorporated Builder & Incorporated Member of the Chartered Institute of Building (ICIOB)
Chartered Builder & Member of the Chartered Institute of Building (MCIOB)
Chartered Building Engineer & Member of the Chartered Association of Building Engineers (C.BuildE MCABE)
Member of Tuam Chamber of Commerce
Member of Tuam Toastmasters Club
Apprentice Arbitrator of the Worshipful Company of Arbitrators (London)
Judge at the International Academy of Dispute Resolution's 12th Annual International Law School Mediation Tournament
Member of The New York State Bar Association (NYSBA)
Attorney Member of the New York State Bar Association Section on Dispute Resolution (Arbitration, Mediation, ADR)

Contact Us

Meetings and telecons are by appointment only.

Email: office@constructionandlegal.com

Office of Mark Kane, Thomastown House, Baile Thomáis, Béal Chláir, Tuaim, Gaillimhe, H54 T628, IRELAND

++ 00 353 (0)91 44.22.77

THE OFFICE OF MARK KANE

Hours

Mon	09:00 – 17:00
Tue	09:00 – 17:00
Wed	09:00 – 17:00
Thu	09:00 – 17:00
Fri	09:00 – 17:00
Sat	10:00 – 12:00
Sun	10:00 – 12:00

The Office of Mark Kane

Independent, Impartial, Expert and Fair Dispute Resolution

Arbitration

Adjudication

Mediation

Conciliation

Investigation

Complaints Resolution

Party Representative / Advocate in ADR

Expert Witness

Business Leadership Services

Non-Executive Director

Non-Executive Director

Non-Executive Director

Company Secretary

Non-Executive Director

Non-Executive Director

Management Consultant

Management Consultant

Management Consultant

Leadership Consultant

Management Consultant

Management Consultant

About Mark Kane

Mark E J Kane, KCHS BSc(Hons) LLB(Hons) LLM(Distinction) MEng(First) FCIOB FCIArb C.BuildE FCABE

Experience

Major Qualifications

Memberships

Personal Information

Professional Recognition

PUBLIC DOMAIN PORTFOLIO of Offices, Roles & PUBLICATIONS

Current Offices - Public Service

Current Offices - Community, Charity, Church & Education

Charity Involvement

Publications

Former Offices, Roles & Memberships

Partner Businesses

Contact Us

Make an enquiry as to Mark Kane's retention

THE OFFICE OF MARK KANE

Hours