Back to Search Results
Mediator Resume
Marshall A. Bennett, Jr., Esq.
Current Employer-Title
Marshall Bennett Ltd. - Member
Profession
Trial Lawyer, Arbitrator, and Mediator - HealthCare, Insurance Coverage, Business and Commercial Relationships, Labor and Employment, Insurance Claims and Coverage, and Commercial Transactions
Work History
Member, Marshall Bennett Ltd., 2021 - Present; Partner and Member, Marshall & Melhorn LLC, 1987 - 2021; Associate, Marshall & Melhorn, 1980 - 1986.
Experience
A trial lawyer who has practiced with Marshall & Melhorn, LLC, a firm located in Toledo, Ohio. Served as the chair of Marshall & Melhorn's Litigation Group and as the firm's Ethics and Professional Practices Counsel. Currently in solo practice with Marshall Bennett Ltd.
As a trial lawyer, he has dealt with commercial, employment, insurance, construction, and healthcare disputes of all kinds. Commercial litigation experience includes breach of contract and warranty claims, large account claims, claims for valuation of corporate shares, limited partner derivative actions, pension disputes including claims for actuarial negligence, patent and trademark infringement claims, and unfair competition and antitrust claims. Employment relations litigation experience includes breach of employment contracts, employment discrimination claims, non-competition and trade secret misappropriation claims, claims before the Ohio State Employment Relations Board, and workers' compensation appeals. Insurance litigation experience includes coverage litigation and defense of general liability claims, nursing home negligence claims, aviation claims, and attorney malpractice claims. Construction litigation experience includes claims arising from breaches of construction contracts, claims for changed conditions and fraud, and claims for additional compensation. Healthcare litigation experience includes breaches of physician employment contracts, privileges litigation, insurance coverage disputes, and the prosecution and defense of antitrust claims.
He also has extensive experience with attorney grievances and discipline. In addition to serving as Marshall & Melhorn's Ethics and Professional Practices Counsel, he previously served on the Toledo Bar Association's Grievance Committee and was the Co-Chair of the Toledo Bar Association Grievance Investigation Committee.
Also has experience in matters relating to business, real estate, software licensing, immigration law, college and university law, and hospital law.
Mediator Experience
Member of the Panel of Neutrals of United States District Court for the Northern District of Ohio. Neutral in private practice.
Representative Issues Handled as a Mediator
Disputes involving employment discrimination claims, disputes between manufacturers and independent representatives, commercial and contract disputes, insurance coverage disputes, and patent infringement.
Mediator Style & Process Preferences
Initially uses a non-evaluative approach. As the mediation progresses and roadblocks arise, and with the consent of the parties, is willing to employ evaluative techniques to move the mediation forward. Avoids expressing direct opinions, but will pose questions to highlight strengths and weaknesses.
Technology Proficiency
Highly skilled in using technology in the legal and arbitration practice. Proficient in Microsoft 365.
Successfully completed Clearbrief Academy, May 2025.
Education
The Ohio State University College of Law (JD, with honors - 1980); University of Toledo (BA, magna cum laude - 1977).
Professional Licenses
Admitted to the Bar: Ohio (1980), Michigan (2009); Supreme Court of Ohio (1980); U.S. District Court: Northern (1981) and Southern (2003) Districts of Ohio, Eastern District Of Michigan (1997); U.S. Court of Appeals: Sixth (1983) and Federal (1995) Circuits; U.S. Supreme Court (2009).
Professional Associations
Ohio State Bar Association (Federal Courts Committee); United States District Court for the Northern District of Ohio.
Recent Publications & Speaking Engagements
Alternative Dispute Resolution
Speaker, United States District Court for the Northern District of Ohio, Topic - Mediation, New Strategies and Tactics.
Speaker, United States District Court for the Northern District of Ohio, Topic - Advanced Training for Federal Court Mediation Panelists, Cleveland Presentation.
Speaker, Ohio State Bar Association, Annual Convention, Intellectual Property Committee Breakout Session, Topic - The Use of Mediation in Intellectual Property Disputes.
Speaker, Ohio State Bar Association, Annual Convention, Computer Law Committee Breakout Session, Topic - Using Alternative Dispute Resolution in Technology Disputes.
Speaker, Toledo Bar Association, Alternative Dispute Resolution Seminar, Topics - Mediation: A Primer for the Advocate - Drafting Alternative Dispute Resolution Agreements.
Speaker, Toledo Bar Association, Representing Your Client During Mediation Seminar, Topic - Presentation Topic - How to Best Use the Mediator.
Speaker, Toledo Bar Association, Topic - Arbitration Advocacy.
E-Discovery and Technology
Speaker, Toledo Bar Association, Topic - E-Discovery and Protective Orders.
Speaker, Toledo Bar Association, Topic - E-Discovery Primer.
Speaker, Toledo Bar Association, United States District Court Electronic Filing Seminar, Topic - An Amateur’s Guide to Becoming a Wired Lawyer.
Speaker, Ohio State Bar Association, Environmental Law Committee Seminar, Topic - Internet E-mail: Ethical Considerations.
Speaker, Ohio State Bar Association, Annual Convention, Topic - Computer Crime.
Speaker, Ohio State Bar Association, Topic - E-Discovery and Cell Phone Forensics.
Speaker, Ohio Women’s Bar Association. Presentation Topic – Technology: Professionalism, Productivity, and Work-Life Balance.
Speaker, Toledo Bar Association, Topic - Litigation and the Y2K Problem.
Speaker, AMS's GLSS EDI Symposium, Topic - Legal Aspects of EDI.
Speaker, National Business Institute, Topics - Using the Internet to Enhance Your Practice, and Legal Resources in Cyberspace.
Speaker, Marshall & Melhorn Technology Law Group's Seminars, Topics - trade secret and non-competition programs, and legal aspects of electronic data interchange in commercial transactions.
Complex Litigation
Speaker and Breakout Section Coordinator, Ohio State Bar Association, Joint Conference of the Northern and Southern Districts, Topic - Presenting Complex Expert Testimony.
Speaker and Breakout Section Coordinator, Ohio State Bar Association, Joint Conference of the Northern and Southern Districts, Topic - Local Patent Rules and the Management of Intellectual Property Cases.
Speaker, Ohio CLE Institute, Managing Complex Litigation Seminar, Topic - Organizing the Evidence in Your Complex Case.
Speaker, Toledo Patent Law Association, Topic - Preparing for Patent Litigation.
Speaker, Toledo Patent Law Association, Topic – New NDOH Local Patent Rules.
Courtroom Presentation
Speaker, Toledo Bar Association, Topic - iPad for Trial Lawyers.
Speaker, Federal Court Bootcamp, Topic - Courtroom Presentation of Electronic Evidence.
Speaker, Toledo Bar Association, Topic - Using Acrobat as a Trial Presentation Tool.
Deposition Practice
Faculty Member, National Institute of Trial Advocacy, Topic - Advanced Deposition Skills: Financial Expert Testimony.
Speaker, Ohio CLE Institute, Seminar on Taking & Defending Depositions, Topic - Preparing Your Witness for Deposition
Speaker, Ohio CLE Institute, Ohio Civil Discovery Seminar, Topic - Preparing Your Witness for Deposition.
Speaker, Ohio CLE Institute, Ohio Pretrial Litigation Seminar, Topic - Preparing Your Witness for Deposition.
Locations Where Parties Will Not be Charged for Travel Expenses
Columbus, Ohio, and areas within 60 miles thereof.
Compensation
Hourly Rate: $700.00
Daily Rate: Not provided
Study Rate: $700.00/hr
Cancellation: Not provided
Cancellation Period: Not provided
Comment: Hourly rate charged for all time spent on matters, including, but not limited to, pre-mediation conferences and administrative activity, study time, mediation time, settlement record preparation, and travel time.
Languages
English
Citizenship
United States of America
Locale
Dublin, Ohio
