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When conflict escalate, clarity is often lost. Time, cost and relationships follow quickly.
Calm Waters Mediation provides independent civil and commercial mediation with a particular focus on property and business disputes. The emphasis is on resolving conflict without derailing projects, portfolios or business relationships.
Mediation is positioned here not as a last resort, but as a strategic tool, used at the right moment to regain control and move matters forward.
Why Calm Waters Mediation?
Disputes rarely begin calmly.
They start under pressure with tight deadlines, competing interests, rising cost and uncertainty. Positions harden. Communication breaks down. What began as an issue can quickly feel stormy, personal and difficult to navigate.
Marianne Clark has spent her career working inside exactly these environments: complex property transactions, live commercial negotiations, and high-pressure business settings where decisions matter and actions carry real consequences.
Mediation creates the conditions for clear, considered decision-making in a way that litigation often cannot. Rather than escalating conflict, it allows times and space for rational thought, new perspectives and creative solutions.
Calm Waters Mediation provides a steady impartial process designed to help parties navigate difficult situations with confidence, and reach resolution without being overwhelmed by the storm.
meet Marianne clark
Independent Mediator | civil and Commercial Disputes
Marianne Clark is an independent mediator with over 20 years’ experience as a solicitor in private practice and in-house. She specialises in property and business disputes.
Her early career was spent at international law firm K&L Gates LLP, advising investors, developers, landlords, tenants and lenders on high-value commercial property transactions, including acquisitions, disposals, development projects, joint ventures, lease negotiations and real estate finance.
Marianne is currently Head of Legal within a national retail business. Working inside a live commercial environment gives her first-hand insight into how disputes arise, how they affect operations and relationships, and why early, pragmatic resolution matters.
This dual perspective — private practice and in-house — underpins her calm, commercially realistic approach to mediation.
key areas of practice
Property Disputes
Landlord and tenant matters, development disputes, dilapidations, service charges, joint ventures and property-related commercial conflicts.
Civil & Commercial Mediation
B2B disputes, commercial contracts, supply chain issues, data and technology agreements, shareholder and joint venture disagreements.
Pre-Litigation and In-Proceedings Mediation
Supporting resolution at any stage — including early intervention to prevent escalation.
Business-Led Disputes
Particularly suited to disputes where time, reputation and commercial continuity matter as much as legal position.
Marianne mediates a wide range of property and business disputes, particularly those involving legal complexity and commercial pressure.
In the property and development sphere, this includes disputes over service charge liability, dilapidations (including apportionment between tenant and subtenant), responsibility for defects or leaks in multi-let properties, and disagreements about whether works are practically complete or compliant with contractual specifications. She also assists with lease terminations, validity of break notices, rights of way, ransom strips, compulsory purchase challenges, and disputes involving rating authorities.
Within businesses, Marianne supports resolution of internal and inter-company disputes, including partnership and joint venture exits, inter-company guarantees, insurance issues, redundancies and grievances, and escalated customer complaints.
Her B2B work includes breach of contract claims, debt disputes, insolvency-related matters, termination of agreements, intellectual property issues, software and service delivery failures, goods not of satisfactory quality, and alleged breaches of GDPR.
Mediation Style
Calm, prepared, and commercially realistic
Marianne is known for being:
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Calm and structured
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Thoroughly prepared
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Empathetic but robust
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Focused on practical, future-facing outcomes
She analyses documentation quickly, identifies the real pressure points in a dispute, and helps parties assess risk realistically. Discussions are focused, purposeful and respectful, with space for difficult issues to be addressed constructively.
Her role is not to advise or decide, but to support parties in reaching workable agreements that allow them to move forward with clarity and confidence.
Marianne’s mediation approach is particularly well suited to:
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Property and development disputes
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Business-to-business conflicts involving ongoing relationships
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Matters where legal risk and commercial reality must be balanced carefully
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Situations where parties want resolution without unnecessary escalation
Her focus is on creating structured, realistic outcomes that protect value, reputation and working relationships wherever possible.
How Marianne's Background Adds Value
Credibility where it counts
Marianne's background as a former private practice solicitor and current in-house lawyer means she understands the legal risk, documentation and commercial pressures that sit behind property and business disputes.
For lawyers and property professionals, this brings confidence that mediation will be handled with a clear grasp of:
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property law and regulatory issues
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legal risk and corporate responsibility requirements
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project focused dynamics and working relationships
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creative deal structures
Marianne prepares thoroughly, engages quickly with technical material, and supports robust reality-testing without turning mediation into a legal forum. The focus remains on commercially workable outcomes that protect value, time and professional relationships.
This allows advisers and clients alike to approach mediation as a credible, strategic tool — not a leap into the unknown.
mediation explained
mediation is...
A structured process focused on resolution, not positions.
Mediation is a confidential, voluntary process in which an independent mediator helps parties explore resolution options without imposing a decision.
It is particularly effective where:
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Negotiations have stalled
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Commercial relationships need preserving
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Litigation risk, cost or delay is becoming unacceptable
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Parties want control over outcome
Mediation allows space for reality-testing, risk assessment and creative solutions that courts cannot impose.
Frequently Asked Questions
How long does it take?
Mediation can take anything from a couple of hours to multiple days. The length of time depends on the number of people involved, the willingness to engage, and the complexities of the dispute.
How much does it cost?
We charge an hourly rate of £100 plus VAT per party for all matters that do not fall within the fixed fee structure provided by The Barrister Group. An estimate will be provided when we better understand the nature of the dispute and the people involved.
Where does the mediation take place?
We provide mediation services in person and remotely. Where needed, we can facilitate a shuttle-style mediation (where by the parties do not have a joint meeting). We are happy to explore your individual needs and tailor a service that works for everyone.
Who attends the mediation?
The parties in a mediation are the individuals or business representatives. Where appropriate or requested, parties may be supported by legal or other professionals.
What documents need to be provided?
The documents needed are usually a brief outline of the issues and a statement that reflects aims and objectives of each of the parties. This can be jointly drafted or individually supplied.
Mediation does not focus on evidence or proving a claim. Instead, the purpose of any documentation is to support a discussion or negotiation, and add value to the process. Usually, documents include contracts, leases, communication, Expert Reports, and accounts. If you are unsure, we can explore what would be relevant and useful.
How can you ensure confidentiality?
To protect the integrity of the process, all parties and attendees must sign the Agreement to Mediate. This binds everyone to the rules of procedure, and principles of confidentiality. All notes of discussions must be destroyed and the mediator will not retain any record of conversations held or information shared as part of the process.
What does “without prejudice” mean?
In plain English, this means that nothing shared as part of the mediation process can be referred to or used in court or as evidence in legal or other formal proceedings. This principle encourages parties to have open, honest, and productive conversations, supporting the core aim of settling the matter using Alternative Dispute Resolution methods.
How can I be certain that it will be the end of the matter?
Where an agreement is reached, the parties commit the terms to writing. This is legally binding under contract law. For further protection, parties can seek a Tomlin Order which is a Consent Order that is directly enforceable by the courts.
If mediation does not achieve a full settlement, there are alternative options that you can consider, including arbitration and expert determination.
What if only one party wants to mediate?
Mediation requires all parties to engage voluntarily. If one or more parties do not wish to engage, and legal proceedings are envisaged or have commenced, this refusal must not be unreasonable. A court can impose sanctions for parties who do not properly consider and/or engage in mediation or other forms of ADR.
Are there any other practical considerations on the day?
We suggest that you are fully prepared for the day and that you understand the points you want to discuss. Take the time to speak to Marianne and ensure you are ready to engage on the day.
The day may be longer than anticipated, and as such, we suggest that you keep the diary clear in case of an overrun.
Mediation is a form of discussion and negotiation. Accordingly, it is always better to keep an open mind and work proactively with Marianne to explore avenues that may lead to progress and a full settlement.
CONTACT US
Let's find a time to explore your needs and work out your next steps.
Please note that our mediation services are managed by The Barrister Group and all enquiries will be handled in line with their terms and conditions.
A confidential conversation to explore your options
If you are considering mediation or want to discuss whether it is appropriate, Marianne welcomes an informal, confidential conversation.