Judge Michael D. Marcus (Ret.) is a top-rated mediator, arbitrator and discovery referee, who is associated exclusively with ADR Services, Inc. Judge Marcus has been a full-time neutral since January 2002. If you are considering mediation, arbitration or discovery reference as a way of resolving a legal problem, please consider Michael Marcus who brings an extraordinarily broad legal background, experience and understanding to these important processes.
Judge Marcus is known for “intelligence, humor.” (Los Angeles Daily Journal, October 25, 2013)
Judge Michael Marcus (Ret.), who received his B.A. from the University of California at Berkeley in 1964 and his J.D. in 1967 from the UCLA School of Law, brings an extraordinarily broad legal background and experience to mediations, arbitrations and discovery reference. Before becoming a full-time neutral in January 2002 with ADR Services, Inc., he was a very successful trial lawyer, a former law firm partner and a judge. He has also taught at law schools, is a legal author and a bar leader.
THE STATUS OF MEDIATION CONFIDENTIALITY Since Cassel v. Superior Court (2011) 51 Cal.4th 113 held that all communications by attorneys to their clients at all phases of mediation are confidential, even if the communications constitute legal malpractice, little has happened to change Cassel‘s holding. In immediate response to Cassel, AB 2025 was introduced in 2012 at the California Legislature. In short, it provided that mediation confidentiality was not a shield to an attorney in a legal malpractice action or State Bar disciplinary proceeding. The Legislature…
CREATING AN ENFORCEABLE SECTION 664.6 REMEDY Merely stipulating in a settlement agreement that the trial court “may enter judgment pursuant to the terms of the settlement” (Code of Civil Procedure section 664.6) is not enough to confer jurisdiction on the court over the settlement unless the parties also make a subsequent request conferring jurisdiction while the case is still pending (i.e. before the matter has been dismissed) and that the request is either in a…
THE NEW TAX CODE AND SEXUAL HARASSMENT OR SEXUAL ABUSE SETTLEMENTS On December 22, 2017, the Tax Cuts and Jobs Act was signed into law. Obscured by the politics of that legislation was an amendment (subd. (q)) to 26 U.S.C. § 162 (trade or business expenses) of the Tax Code which states, “No deduction shall be allowed under this chapter for – (1) any settlement or payment related to sexual harassment or sexual abuse if…
Phone: (310) 201-0010
Cell: (310) 433-4155
Fax: (310) 201-0016
Judge Michael D. Marcus (Ret.)
ADR Services, Inc.
1900 Avenue of the stars, Suite 250
Los Angeles, California 90067