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Mediator Resume

E. David Marks, Esq.

E. David Marks, Esq.

Current Employer-Title

GCA Law Partners, LLP - Partner

Profession

Attorney, Arbitrator, Mediator

Work History

Partner, GCA Law Partners, LLP, 2011 - Present; Partner, Miller, Starr & Regalia, 2005-2011; Partner, Thoits, Love, Hershberger & McLean, 2000-2005; Partner, Mitchell & Marks, 1995-2000.

Experience

Over 30-years’ experience in real estate, construction, and related transactional litigation, including representing plaintiffs and defendants in disputes arising out of purchase and sale transactions, failure to disclose, broker liability, construction defects, construction payment issues, mechanic’s liens, title, and easement issues, lease disputes, dissolutions of business ventures, and breach of contract.

Mediator Experience

Acted as a Judge Pro Tem and an Early Neutral Evaluator for the Santa Clara County Superior Court. California Association of Realtors Mediation Panel 2015-Present. During COVID, has successfully conducted all mediations by Zoom and will continue to do so to serve a large area at a more efficient cost.

Representative Issues Handled as a Mediator

Cases include construction defects, construction payments, failure to disclose, agent issues, easement issues, neighbor disputes, lease disputes, and lease extension and valuation.

Mediator Style & Process Preferences

Hands on in working with parties so that the parties understand the benefit and control that a negotiated resolution offers as opposed to the unknown and expense of litigation and trial. Early identification of any obstacles to a successful resolution and fashioning a strategy to overcome such obstacles early in the process. Use of an open, questioning, non-adversarial and creative approach so that each party feels empowered to identify actual needs versus desired results and then working with the parties to fashion a settlement that allows those needs to be met, including thinking creatively and out of the box. Active listener to parties who need to be heard. Parties are invited to share whatever they wish with the mediator and the process is to bring every case to resolution.

Education

Hastings College of the Law (J.D. - 1988); Stanford University (B.A., Political Science with Departmental Honors - 1984).

Professional Licenses

Admitted to the Bar: California, 1988. Licensed California Real Estate Broker.

Professional Associations

Santa Clara Bar Association; American Trial Lawyers.

Compensation

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

Languages

English

Citizenship

United States of America

Locale

Mountain View, California