Marc Alan Fong is a mediator and arbitrator with a legal career spanning over 45 years. His experience covers a wide range of practice areas, including real property, construction defect litigation, business litigation, injury litigation and commercial transactions. Mr. Fong has a track record of successfully resolving complex and high-value cases. He has been recognized as a Northern California Super Lawyer and holds a rating of AV Preeminent from Martindale-Hubbell.

For over 40 years Mr. Fong was a founding member of Fong & Fong. The firm focused on real property, construction defect litigation, business litigation, injury litigation and commercial transactions. In 2005, Mr. Fong established Fong Dispute Resolution, focusing his practice on alternative dispute resolution. He has served as a mediator and arbitrator in hundreds of cases and has vast experience in resolving complex, high-value matters involving real property, employment, technology, business, malpractice and catastrophic injuries. He is passionate about finding creative solutions to conflicts.

Representative Matters

• Business/Commercial
• Mediator in corporate/partnership disputes involving formation issues, ownership, distribution. control and dissolution issues
• Mediator in business disputes involving investment fraud and breach of contract
• Mediator in breach of contract claims between major grocery retailer and meat and fish supplier
• Mediator in dispute involving conflicts between shareholders and board of directors
• Arbitrator for case involving breach of contract in connection with repair of corporate jets
• Mediator in partnership dispute between members of a high-profile civil rights law firm
• Mediator in disputes involving nondisclosure agreements (NDAs)
• Arbitrator in defective products case
• As an attorney, prepared numerous private placement memorandums
• As an attorney, litigated claims involving allegations of breach of contract, fraud and securities violations
• Served as general counsel to a biotechnology company, and handled matters involving formation, stock issuance, licensing agreements, NDAs, employer/employee relationships and regulatory issues
• As an attorney, handled various business disputes involving securities violations, broker relationships, breach of contract, business torts, conflicts between CEOs and board members, mergers and acquisitions, regulatory and statutory violations, and nonprofit staff and board relationships.
• Class Action
• As an attorney, handled class action involving age discrimination against a school district
• Common Interest Development Law
• Mediator in numerous common interest development disputes involving:
  • Davis-Stirling Act
  • Violations of CC&Rs
  • HOA assessments
  • Breach of fiduciary duty claims against homeowners association (HOA)
  • Nuisance claims
• As an attorney, litigated numerous cases involving HOA breach of fiduciary duty
• As an attorney, handled preparation of conditions, covenants and restrictions for HOAs and planned-unit developments
• Served as general counsel for numerous HOAs
• Construction/Construction Defect
• Mediator in numerous construction defects disputes involving breach of contract, negligence, proper supervision, sequencing of work, design and structural deficiencies
• Mediator in numerous disputes by homeowners and property owners against contractors for construction defects
• As an attorney, handled numerous residential construction defect cases involving condominiums, planned unit developments and single-family residential homes
• As an attorney, handled mold claims involving personal injury and construction defects
• As an attorney, handled case involving contractors charged with the unauthorized release of asbestos
• Employment
• Mediator in cases involving claims of sexual harassment claims against supervisor
• Mediator in wrongful termination involving claims of incompetence, hostile workplace and discrimination
• Arbitrator in claims against corporations for misclassification of employment status, hourly wages, breaks and payroll violations
• As an attorney, handled cases involving the American Disabilities Act (ADA) and Prop 65 claims
• As an attorney, handled employment discrimination cases, including hourly wage issues and wrongful termination
• As an attorney, handled case involving sexual harassment claims against CEO of a publicly traded corporation
• Entertainment and Sports
• As an attorney, represented professional race car teams and drivers in disputes
• Environmental Law
• As an attorney, litigated numerous environmental claims, including Prop 65 disputes, release of asbestos, mold and biological contamination
• Estate/Probate/Trust
• Mediator in breach of fiduciary duty dispute, with claims brought by beneficiaries against trustee
• Mediator in dispute involving distribution of trust assets among siblings
• Mediator in dispute involving claims for improper accounting
• As an attorney, handled claims for financial elder abuse
• Intellectual Property
• Mediator in claims for breach of contract involving wrongful transfer of intellectual property
• Mediated case involving high-technology company’s claim of unfair competition
• As an attorney, handled royalty claims dispute against a bicycle manufacturer
• Personal Injury
• Mediated multiple auto cases involving cataclysmic injuries, including wrongful death
• Mediated slip-and-fall cases
• As an attorney, handled numerous personal injury cases, including wrongful death and medical malpractice disputes
• As an attorney, handled claim for defective medical appliance, resulting in injury and subsequent revision surgery
• As an attorney, handled claims for burn injuries to a medical student requiring multiple skin grafts
• Professional Liability
• Mediator in accounting and legal malpractice disputes
• Mediator in real estate broker and agent malpractice resulting in financial damages to purchaser
• As an attorney, handled medical malpractice dispute arising from hospital’s failure to properly assess patient’s condition, resulting in wrongful death
• Real Estate/Real Property
• Mediated numerous disputes involving commercial lease, landlord/tenant, purchase and sale, and lease termination disputes
• Mediator in easement disputes and boundary disputes between adjacent ranch properties
• Mediator in numerous matters involving real estate disclosure involving residential properties
• Mediator in loan disputes between lenders and borrowers
• Mediator in CEQA challenges to major California university
• Mediator in numerous ADA claims
• Arbitrator in breach of contract and construction defect claims against a contractor in connection with the renovation of a 100-year-old San Francisco multi-unit apartment complex
• As an attorney, handled cases involving easement and road maintenance disputes
• As an attorney, handled formation of a condominium real estate development, including development application and filings with the Department of Real Estate
• As an attorney, handled cases involving real estate fraud, boundary disputes, commercial and residential evictions, landlord/tenant, lease termination, tenancy-in-common ownership disputes and CC&Rs enforcement actions

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Former Chair, Alternative Dispute Resolution Section, Alameda County Bar Association
• Former Chair, Executive Committee, Real Property Section, Alameda County Bar Association
• Former Vice Chair, Executive Committee, Real Property Section, State Bar of California
• Former Chair, Common Interest Development Section, State Bar of California
• Former President and Board Member, The Mediation Society
• Sustaining Member, Asian American Bar Association, 2022–2023
• Board Member and President, Leukemia and Lymphoma Society, 1991–1995
• Board of Advisors, College of Business and Economics, California State University, East Bay, 2009–2023
• Past Board Member and General Counsel, Asian Business League
• Former President, Bay Area and Central California Chapter, Community Associations Institute

ADR and Mediation Panel

• Court-Approved Mediator, Alameda County Superior Court, 2023
• Court-Approved Mediator, Contra Costa County Superior Court, 2023
• Mediator, United States District Court, Northern District of California, 2011-2023
• Mediator, California Court of Appeal, 3rd District, 2023

Selected Awards and Honors

• Anne K. Meline Service Award (for outstanding service to the 3rd District Court of Appeal's Mediation Program), 2023
• Northern California Super Lawyer, 2014–2023
• Martindale-Hubbell Peer Review Rated – AV Preeminent, 2015–2023

Background and Education

• Fong Dispute Resolution, 2005–2023
• Fong & Fong, 1978–2023
• J.D., Lincoln University Law School, 1977
  • Law Review, 1977
• B.A., California State University, East Bay, 1971