David G. Marcus
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4676 Commercial ST SE
PMB Box 433
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 (OAH). He retired December 2012, and now maintains a limited private practice as a mediator and arbitrator, with an emphasis on construction, real estate and other business and consumer 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-assessing their own best interests.
From 2000 until he retired, David handled primarily construction disputes referred to the OAH by the Oregon Construction Contractors Board (CCB). He has handled nearly 2000 CCB claim 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 has served as a facilitator for the Oregon Foreclosure Avoidance Program for over seven years, and has conducted over 250 resolution conferences for that program; in 2016, he was appointed to the Financial Industry National Regulatory Authority (FINRA) panel of arbitrators.
Since 1997, Mr. Marcus has successfully mediated over 500 cases, principally involving construction and real estate matters, including residential, commercial, private and public works projects.
Examples of cases mediated and settled include: a $1,000,000 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.
University of Cincinnati (BA, History and Literature, magna cum laude).
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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 the 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.
See attached profile.
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 few 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;"
"You did a great job on that difficult case."
"I'm impressed; when we started, I didn't think there was any way you could get this case settled."
Areas of Practice
- Real Estate
References available upon request.
This dispute resolution professional keeps professional liability insurance.