Professional Details

David Marcus
Senior MediatorSenior MediatorSenior Mediator

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Salem, OR
USA
503-363-9341

MEMBER OF:
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Description of Practice

David Marcus served the State of Oregon for over 28 years as an Administrative Law Judge, Arbitrator and Mediator, the last 12 years with the Oregon State Office of Administrative Hearings. He retired December 2012. He now maintains a private practice as a mediator and arbitrator, with an emphasis on construction,real estate and other business and contract disputes. These disputes are often emotionally charged and David is very effective in earning the trust of the parties and assisting them in re-evaluating their own best interests.

Professional Background

From 1997 until he retired, David handled primarily construction disputes referred by the Oregon Construction Contractors Board (CCB). He has handled nearly 2000 CCB cases, including more than 500 cases in which he served as mediator and a settlement was reached. He began offering limited private mediation in 2005 and has served in several private cases by appointment of the parties. He is an associate member of the Oregon State Bar Dispute Resolution Section and Construction Law Section; an active member of the Oregon Mediation Association (OMA); and, he serves on the arbitrator and mediator rosters for the American Arbitration Association (AAA). He also serves as a facilitator for the Oregon Foreclosure Avoidance Program and has conducted over 130 resolution conferences for that program.

Experience

Since 1997, Mr. Marcus has successfully mediated over 500 cases, principally involving construction and real estate matters, both residential and commercial, private and public works projects. Examples of recent cases mediated and settled include: a million dollar subcontractor claim against a general contractor for unpaid work and delay damages arising from a wind turbine installation project; a six-figure dispute between a developer and a general contractor involving cost overruns on construction of a new store for a commercial retail chain; and, a dispute between seller and buyer over refund of six-figure earnest money in a failed sale of a $1,000,000 property;

Degrees

University of Cincinnati (BA, History and Literature, magna cum laude).

Training

Dates    Trainer(s)    Title   
    see attached Profile   

Approach

The foundation of mediation must be self-determination, i.e., the parties decide how to resolve the dispute. My role is to assist and guide the parties, with absolute neutrality, by effectively facilitating that mutual decision making process. In the context of construction and real estate disputes, I do incorporate a more or less evaluative style as appropriate to the dispute and the preferences of the parties.

Fees

See attached profile.

Other Information

Mr. Marcus has an impeccable record of commitment to professional standards of conduct, fairness and impartiality. As former president of the Oregon Association of Administrative Law Judges (OAALJ), he spearheaded development of a Code of Ethics for Administrative Law Judges, which was substantially adopted by the Oregon Office of Administrative Hearings. In 2007, he received OAALJ's "Bruce Black Award," in recognition of his career contributions to the advancement of administrative law in Oregon. Here are a couple of comments from attorneys who have participated in mediation with Mr. Marcus: "Both times you mediated a case for us you were spot on with your logical analysis and conclusions. Your professional manner is courteous, engaging and efficient;" and, "You did a great job on that difficult case."

Areas of Practice

  • Business (50 mediated)
  • Commercial (20 mediated)
  • Construction (500 mediated)
  • Contracts (350 mediated)
  • Elder (10 mediated)
  • Employment (15 mediated)
  • Environmental (15 mediated)
  • Foreclosure (100 mediated)
  • Government (10 mediated)
  • Insurance (25 mediated)
  • Real Estate (25 mediated)

Professional Services

  • Mediator
  • Fact-Finder
  • Mediator-Arbitrator

References available upon request.

This dispute resolution professional keeps liability insurance.

Attachments

      Mediatorprofile17.doc Mediatorprofile17.doc