Merton Marks is a nationally known arbitrator and mediator of commercial disputes involving insurance, reinsurance, securities and product liability. He is an arbitrator for the American Arbitration Association on its Commercial, Reinsurance and Large Complex Case panels and is a mediator on the American Arbitration Association mediation panel. He is also an arbitrator for the Financial Industry Regulatory Authority ("FINRA") (National Association of Securities Dealers and New York Stock Exchange) in customer-broker, representative-broker and broker-broker arbitrations. In addition, he is a Certified Arbitrator for the Reinsurance and Insurance Arbitration Society (ARIAS-US) in reinsurance disputes and is listed in the Reinsurance Association of America Directory of Arbitrators. He is also on the Inter-Insurance Arbitration Panel of the CPR Institute for Dispute Resolution. In arbitrations, he regularly presides as chair of arbitration panels as well as serving as a member of panels and as an individual arbitrator. As a mediator, he has used innovative techniques in resolving disputes. He has also been appointed special master by the judges of the Superior Court in Phoenix, Arizona to supervise, coordinate and resolve various disputes within complex commercial litigation.
He is the author of more than 50 published articles on legal subjects including “Arbitration and Mediation: Today’s Solution for Business and Sports Disputes” (Executive Golfer) and “New Trends in Arbitration and Mediation” (Voir Dire Magazine, American Board of Trial Advocates). He has lectured on arbitration, mediation and litigation at legal conferences in the United States, England, France, Israel, Spain, Canada and Germany.
Marks was a practicing lawyer specializing in commercial and insurance litigation for over 40 years. Since 2001, he has been an arbitrator, mediator and special master in commercial cases. He has been elected by his peers to membership as an arbitrator in the National Academy of Distinguished Neutrals, an association of highly experienced arbitrators and mediators in commercial disputes and has also been selected by his peers for inclusion in Arizona's Finest Lawyers. He was elected a Fellow of the Chartered Institute of Arbitrators (London) and previously was an arbitrator on the International Panel of the Singapore International Arbitration Centre, one of only 11 members in the United States. He is listed in Who's Who in America, Who's Who in American Law and Who's Who in the World and has received the highest peer rating for legal ability and ethics, the Martindale-Hubbell "A-V Preeminent" rating.
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Prior to being an arbitrator, mediator and special master, Merton Marks was a partner for 27 years in the Phoenix office of Lewis and Roca LLP, one of the largest law firms in the Southwest U.S., where he served on the firm’s Policy Committee and headed the firm's insurance and products liability litigation department representing pharmaceutical, financial, manufacturing, insurance, and hotel clients. As national coordinating counsel in class actions, he supervised litigation throughout the United States, tried jury cases in the Arizona Superior Court and the Federal District Court, argued appeals in the Arizona Court of Appeals, the Arizona Supreme Court and the Ninth U.S. Circuit Court of Appeals and represented parties in regulatory and administrative hearings before state and federal agencies. Prior to being a partner in Lewis and Roca LLP, he was a partner in the Phoenix law firm of Shimmel, Hill, Kleindienst & Bishop for several years where he also specialized in civil litigation.
In addition to arguing appellate cases, including several cases of first impression, he served as a judge pro tempore on the Arizona Court of Appeals. He was an Assistant Attorney General of the State of Arizona representing the State in civil litigation and as counsel to the Arizona Real Estate Department and the Securities Division of the Arizona Corporation Commission. He also represented the State in criminal case appeals before the Arizona Court of Appeals and Supreme Court. In addition, he was counsel to the State Compensation Fund and the Arizona Industrial Commission.
He has been elected to the American Board of Trial Advocates and the American College of Legal Medicine and has held leadership positions in national bar organizations including the American Bar Association in which he served as Chair of the Special Committee on Federal Asbestos Legislation and Chair of the Workers’ Compensation and Employers’ Liability Committee. He is a member of the Federation of Corporate & Defense Counsel in which he is past Chair of the Alternative Dispute Resolution Section, past Chair of the Pharmaceutical Litigation Section and a member of the Construction Litigation, Commercial Litigation and Products Liability Sections. He is also a member of the Scottsdale, Maricopa County (Phoenix) and Pima County (Tucson) Bar Associations and the Arizona State Bar Alternative Dispute Resolution Section in which he previously served as a member of the Executive Council.
In addition to activity in professional organizations, Marks was a member of the U.S. Olympic Committee of Arizona and the Board of Directors of The Arizona Opera Company.
He is admitted to practice before the U.S. Supreme Court, the Ninth U.S. Circuit Court of Appeals, the U.S. District Court for Arizona, the U.S. Court of Appeals for the Armed Forces and in the states of Arizona and Illinois.
He received his Juris Doctor (J.D.) degree from Northwestern University School of Law where he wrote for the Northwestern Law Review. He also received his undergraduate degree- Bachelor of Science (B.S.) in Political Science and Economics- from Northwestern University's College of Arts and Sciences.
Marks served on active and reserve duty in the U.S. Army for 7 1/2 years starting as a private in the 9th Infantry Division, commissioned as a First Lieutenant in the Judge Advocate General's Corps, serving as a military prosecutor and defense counsel in military courts, and was later promoted to captain in the XV Army Corps. He was awarded the Army Commendation Medal and is a life member of the Reserve Officers Association of the United States and a member of the Military Officers’ Association of America.
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