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					                                       David Marcus

                                       Mediator Profile

Current Employer

      State of Oregon Office of Administrative Hearings - Administrative Law Judge, Arbitrator &
      Mediator. Regularly available for private mediation on Fridays; other days by arrangement.

Work History

      Arbitrator/Mediator & Administrative Law Judge (ALJ), State of Oregon Office of
      Administrative Hearings, 2000-present; Arbitrator/Mediator & ALJ, State of Oregon
      Construction Contractors Board, 1997-2000; Administrative Law Judge, State of Oregon
      Department of Transportation, 1984-97; Public Assistance Specialist, State of Oregon Dept. of
      Human Resources, 1978-84.


      Over the past 27 years, has handled a wide variety of case types as an administrative law judge
      conducting administrative hearings for the State of Oregon. While with the Department of
      Transportation, routinely dealt with vehicle dealer licensing issues arising from consumer
      complaints, as well as issues involving auto insurance coverage.

      Since 1997, has handled primarily construction and real estate disputes as an arbitrator,
      administrative law judge, or mediator (over 1800 cases including numerous multi-party cases).
      Cases have included residential, commercial and public works construction projects, with
      issues including: excavation, erosion, irrigation and drainage; concrete, masonry and paving;
      water supply systems, septic and waste disposal systems; plumbing, electrical and HVAC,
      including radiant heat, solar, geothermal and other passive systems; siding (including stucco),
      roofing (wood, asphalt, tile, metal) and painting; and, hazardous materials, including lead paint,
      asbestos, and mold.

      Has also handled a number of real estate cases, including claims arising from sales and
      financing contracts for new and existing homes. Has also presided as ALJ in disciplinary
      actions brought by the Oregon State Construction Contractors Board, Landscape Contractors
      Board, Building Codes Division, Board of Architect Examiners, the Appraiser Certification and
      Licensure Board and other boards and commissions.

Representative Cases Handled as Mediator or Arbitrator

      Extensive experience in disputed construction matters involving breach of contract, negligence,
      and substandard workmanship in all aspects of both residential and commercial construction
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      projects. Cases have included claims by homeowners (including new home sales contracts),
      commercial and government property owners, subcontractors, employees, and suppliers. Over
      500 construction and real estate disputes successfully mediated; and, over 600 completed

      Has also mediated proposed disciplinary actions (civil penalty assessment, professional license
      suspension/revocation) initiated by state agencies against licensed and unlicensed professionals.
      Has additional experience as a mediator in the Marion County Circuit Court Small Claims
      Department (30+ cases).

      Most recent private mediation involved a public works contract dispute between a state
      government agency and a general contractor. Settlement was reached in one full-day
      mediation session.


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

Alternative Dispute Resolution Training

            Advanced Mediator Training, American Arbitration Association (AAA) Seattle Office,

           Interest-Based Problem Solving, Robert Nightingale, Oregon State Conciliator, Salem,

           Public Law Issues, OSB Government Law Section, Portland, 2010;

           Oregon Construction Law, The Seminar Group, Portland, 9/09 and 9/08;

           Construction Law 101 & 301, OSB Construction Law Section, Portland, 2009;

           Oregon Dispute Resolution Conference, Willamette University Center for Dispute
            Resolution, Salem, 2009;

           Excellence in Mediation Advocacy, International Academy of Mediators & OSB ADR
            Section, Portland, 10/07;

           Construction Law Update, Washington Defense Trial Lawyers, Portland, 3/07;

           Chairing an Arbitration Panel, AAA on-line course, 12/06;

           Shaping Our Legacy: Mediation & Collaboration in Oregon and Beyond, Oregon
            Mediation Association Annual Conference, Portland, 11/06;

           Mediation & Arbitration in Oregon, Oregon Law Institute, Portland, 5/06;

           Mediator Ethics, University of Oregon School of Law, Eugene, 2/06;

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          Construction Arbitrator Training, Construction Dispute Resolution Services LLC.,
           Albuquerque, NM, 9/05;

          Arbitrator Ethics & Disclosure, AAA Seattle Office, 8/05;

          Basic "Plus" Mediation Skills Training (40 hrs.), Confluence Center for Mediation and
           Training (Mary Forst Associates), Salem, 2/05;

          AAA Construction Arbitrator II Training, Atlanta, 10/04;

          Mastering Modern Arbitration, University of Oregon School of Law, Portland, 05/04;

          Mediation and Arbitration in Oregon, Oregon Law Institute, Portland, 4/04;

          AAA Arbitrator I Training-Fundamentals of the Arbitration Process, Los Angeles, 1/04;

          Arbitration in Construction Claims, Carl R. Neil, Attorney at Law, Salem, Oregon, 6/02;

          Mediation Skills Workshop, Bridgewaters Inc. (Lynne Cox), Salem, Oregon, 12/00;

          Mediation Skills Training, Neutral Solutions Inc. (Mark Braverman), Salem, Oregon, 6/98;

          Certificate of Completion (32 hrs.): “Mediation Training for Professional and Community
           Mediators,” University of Oregon School of Law, 5/97;

Professional Affiliations:

          American Arbitration Association (AAA) National Roster of Neutrals, Commercial
           Arbitration Panel, Mediation Panel, and special national panel for the Center for
           Responsible Appraisal and Valuation (since 2003);
          Construction Dispute Resolution Services LLC., panel of ADR Specialists (since 2004);
          DeMars & Associates Ltd. Construction Arbitration Program (since 2005);
          National Association of Administrative Law Judges (NAALJ)-- active member of 15 years;
           Board of Directors, 2002-2004; Education Committee Chair, 2003-2005; ADR Committee
           Chair, 1999-2001;
          Oregon Association of Administrative Law Judges (OAALJ), served multiple terms on
           Board of Directors including three terms as President; Planning Chair for 2002 and 2004
           conferences, co-sponsored with Willamette University College of Law; 2007 recipient of
           the Bruce Black Award, in recognition of career contributions to the advancement of
           administrative law in Oregon;
          Oregon State Bar, non-lawyer member of the Administrative Law Section, Construction
           Law Section and ADR Section;
          Oregon Mediation Association (OMA).

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       Professional Presentations:

          OSB Construction Law Section CLE, December 2004, December 2006, December 2008,
           and again in December 2010.

          Ex Parte Provisions in Oregon Administrative Law, guest lecturer, Willamette
           University College of Law Administrative Law Class, October 2003;

          Administrative ADR: Models, Challenges & Responses for ALJs, NAALJ Annual
           Meeting & Conference, Orlando, FL, October 2003. Co-presenter with Lynda Moser,
           Georgia Office of Administrative Hearings, and Robert Jones, Director, Florida Conflict
           Resolution Consortium;

          Comparing Methods of Dispute Resolution, One Size Might Not Fit All, NAALJ Annual
           Meeting & Conference, Lexington, KY, October 2002;

          ALJ ADR Training and Mock Mediation, NAALJ Annual Meeting & Conference,
           Austin, TX, November 2001;

          ADR Programs For & Before State Agencies, Washington State Bar CLE program,
           Olympia, WA, September 2001;

       Published Articles

          “ALJ Independence and the Issue of Final Order Authority,” Administrative Law,
           newsletter of the OSB Administrative Law Section, Winter 2009;

          "Legislature Authorizes Binding Arbitration in Lieu of Contested Case Hearing in CCB
           Claims," ADR Newsletter, ADR Section of the Oregon State Bar, Summer 2002;

          "Is There a Role for ALJs in ADR?," OFF THE RECORD, Oregon Association of
           Administrative Law Judges newsletter, April 2001; NAALJ NEWS, National Association
           of Administrative Law Judges, February 2001; POLICY CONSENSUS INITIATIVE
           NEWSLETTER, Spring 2001; and, 2001.


       $175.00 per hour, including all sessions, study and prep time following appointment (no charge
       for initial phone consultation with parties pre-appointment). Flat rate and hardship discount rate
       negotiable. No travel time charged within 75 miles of Salem. Minimum fee following
       appointment: $350.00.

Professional References: Robert D Lowry, Law Offices of Robert D Lowry, Eugene, 541-687-7592;
Mary Ann Frantz, Miller Nash LLP, Portland, 503-205-2552; Alan L Mitchell, Mitchell Law Office
LLC, Portland, 503-238-7871; Elizabeth Lemoine, Luby Law Firm, Tigard, 503-620-3342; Jeremy T.
Vermilyea, Boulivant, Houser & Bailey PC, Portland, 503-449-4476.

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