Arbitration & Mediation: Todays Solutions for Business Disputes.
Litigation | Arbitration | Mediation:
Today’s Solutions for Business Disputes™
Merton Marks is a trial lawyer, arbitrator and mediator with the Scottsdale, Arizona of Hymson Goldstein & Pantiliat PLLC. He has had a successful career of more than forty years as a partner in major law firms law firms, Assistant Attorney General of Arizona, temporary judge on the Arizona Court of Appeals and Army Judge Advocate General officer. He has represented both individual clients and the world’s largest corporations in civil litigation, arbitration and mediation. He has worked with parties and their attorneys, including corporate counsel, to create fee and expense arrangements that are best suited to their individual cases.
His cases include
- Civil Racketeering [RICO], violations of agreements covering trade secret theft, anti-competition, anti-employee solicitation and anti-customer solicitation; executive compensation disputes; corporate and partnership dissolutions; wrongful expulsion of board member of closely held corporation; securities fraud, mortgage foreclosure issues, mortgage securitization bonds, knowledge of Federal financial reform laws;
- Insurance and reinsurance coverage and bad faith practice issues in all lines-private mortgage, life, health, uninsured and underinsured motor vehicle policies, health care provider-HMO disputes, workers' compensation and employers' liability policies;
- Securities arbitrations as arbitrator including FINRA and private arbitrations, customer claims against brokers for unsuitable investments and broker claims against representatives for breach of contract;
- Product liability counsel and arbitrator in litigation and arbitrations involving pharmaceuticals and medical devices: anti-depressants, anti-miscarriage drugs, anesthetics agents; medical and dental devices; chemical agents; industrial, consumer, child products; toxic materials: asbestos, coal dust, silica, mold;
- National coordinating counsel for Fortune 50 corporation in 1500 cases in 40 states arising from alleged defect in dental device. Every case was decided for the client either on motion, verdict or appeal;
- Appeals as pro tem judge on Arizona Court of Appeals and appellate counsel in oral arguments before Arizona Supreme Court and Court of Appeals and 9th U.S. Circuit Court of Appeals;
- International commercial arbitration including as a party designated arbitrator in a two billion dollar ongoing arbitration arising from parties’ claims of breach of construction contract.
Arbitrations and mediations are private and confidential proceedings held behind closed doors instead of a trial in court open to the public and media with the result broadcast on the evening news and published on the front page of tomorrow’s newspaper;
The parties have the ability by contract to require mediation and arbitration of disputes, choose the place of the arbitration or mediation and the substantive law and procedural rules that will govern an arbitration thereby avoiding unfavorable venues and laws;
The parties can choose arbitrators or mediators with specialized knowledge of the issues in dispute;
Less technical rules of procedure apply in arbitrations than in court litigation- - -rules designed to “get it done”, not delay the case;
In arbitrations, motions practice and discovery proceedings (depositions, interrogatories, requests for production, etc.) are limited resulting in more expeditious disposition of cases and less expense to the parties compared to court litigation that may drag on for years with corresponding expense;
Unlike the destructive effects of litigation, arbitration and mediation can preserve the parties’ business relationships so that they can go on to their next transaction;
In mediations, the parties can craft their own solutions which cannot be done by judges, juries and arbitrators.
Arbitration and mediation are truly “Today’s Solutions for Business Disputes.” TM