Disputes among participants in a construction project are not uncommon. The interests of the owner, the builders, and the designers are inter-related and competing. A negotiated resolution of what is often a zero-sum process is preferable to the uncertainties of arbitration or trial. The ability to discern those competing interests and claims in order to reach a resolution which benefits all parties is the goal of mediation.
Business disputes are often the result of miscommunication or unmet expectations. These could result in breach of contract, misrepresentation, professional liability, or real estate-related disputes. Legal and discovery costs often drive what should be business decisions. Mediation can avoid costly litigation and is an essential prerequisite to arbitration or trial.
Businesses operating within the cannabis community enter into agreements and transactions which give rise to issues that warrant a supportive dispute resolution process. Michael L. Marx offers mediation services to help resolve disputes among dispensaries, cultivators, product manufacturers, material and equipment suppliers, hardware and software developers, business management service providers and other ancillary companies doing business within the cannabis industry.
Michael L. Marx offers four decades of litigation experience as well as over fifteen years of dispute resolution experience as a private mediator and as a Settlement Conference Officer for the San Francisco Superior Court.
Mr. Marx has represented architects, engineers, design-builders, general contractors, subcontractors and material suppliers in construction claims involving commercial, residential, educational and public works projects. Through that experience, he has addressed most of the types of disputes that arise in construction.
Mr. Marx has litigated and resolved disputes among businesses and individuals in all aspects of their operations and has particular experience regarding breach of contract disputes, business ownership and management issues, and real property disputes.
Mr. Marx stays current as to the issues challenging those in the cannabis community by studying the legal, social, and evolving business opportunities within this rapidly developing field. He is a member of the National Cannabis Bar Association, as well as the cannabis law sections of the San Francisco and Alameda County Bar Associations.
This level of knowledge and experience serves to help resolve disputes among those operating at all levels of the cannabis industry, the business community, and construction providers, designers and owners, to assist in avoiding litigation and in resolving disputes through facilitated negotiation among those businesses’ principals.
Mr. Marx holds degrees from the Wharton School of Business of the University of Pennsylvania and the Santa Clara University School of Law. He continues to be based at Goodman Neuman Hamilton LLP (https://gnhllp.com/attorneys/michael-l-marx/
Michael L. Marx's approach to negotiations as a mediator is to seek a win-win solution to complex problems, utilizing the skills of mindful listening and the ability to distill arguments and reframe issues in order to achieve a successful negotiated resolution of a dispute.