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MEDIATION RELATED EXPERIENCE
MEDIATION-RELATED QUALIFICATIONS
EXPERIENCE
Mr. Clark has been a mediator for public and private parties since 1989. He has mediated more than 400 disputes within the last five years. They involved a broad range of issues such as insurance coverage, personal injuries, wrongful death, property damage, product liability, premises liability, real estate, securities fraud, NASD regulations violations, commercial contracts, construction disputes, environmental remediation, natural resources, professional malpractice (medical, legal, and accounting), hospital contracts and health care issues, Americans With Disabilities Act, FLSA, ADEA, FMLA and other labor and employment disputes.
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CREDENTIALS
* Certified Professional Mediator, possessing the qualifications for certification established by the Idaho Mediation Association.
* Member, Panel of Commercial Arbitrators and Mediators and Panel of Employment Arbitrators and Mediators of the American Arbitration Association.
* Member, mediation roster for the United States District Court, District of Idaho.
* Member, roster of mediators for the Idaho State Courts.
* Member, Governing Council of Alternative Dispute Resolution Section of Idaho State Bar.
* Served as mediator for the Fourth Judicial District Court of Ada County, the Pro Bono Mediation Program of the Office of the Attorney General of Idaho, and for public and private parties since 1989.
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LABOR AND EMPLOYMENT DISPUTES
Many cases involved workplace and employment disputes between one or more employees and the employer, including actions which variously alleged breach of contract, negligent and/or intentional infliction of emotional distress, slander, wrongful discharge, sexual harassment, gender discrimination, race discrimination, hostile work environment, statutory violations of civil rights laws, Americans With Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Fair Labor Standards Act, the Equal Protection Clause of the Fourteenth Amendment, and the Idaho Human Rights Act.
An employment dispute in which 11 truck drivers asserted separate claims against their employers and management for breach of contract, fraudulent practices, violations of federal regulations, and intentional infliction of emotional distress.
An action by EEOC on behalf of an individual against a prospective employer for an alleged violation of the Americans With Disabilities Act, which involved negotiating a remedy for the prospective employee and compliance issues between the EEOC and the prospective employer.
Labor contract negotiations between a municipality and a police bargaining unit to resolve disputes relating to compensation and benefits.
A class action for gender and age discrimination by several female employees against a national employer.
The simultaneous mediation of three separate disputes arising out of an action by three female employees against their employer for allegedly discriminating against women in work assignments, promotions and training opportunities, and allowing sexual harassment by male co-workers and a supervisor.
An action by an employee who asserted she was wrongfully terminated for exercising her rights under the Family and Medical Leave Act.
An action for constructive discharge allegedly resulting from gender discrimination, hostile work environment, and sexual harassment by the employee’s supervisor and regional management.
Several actions for wrongful termination of employment asserting violations of Title VII, the ADA, FMLA, Idaho Human Rights Act, and breach of contract of employment.
An action by a former federal employee asserting violations of the ADA and federal regulations governing federal employees
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CONTRACT DISPUTES
Several cases involved claims for breach of contract, such as claims for breach of a contract for the sale and removal of timber in Oregon, breach of a contract to sell and deliver feed, breach of an option to acquire property for the development of a shopping center, and breach of a contract for allegedly furnishing defective roofing equipment and supplies which were installed on buildings throughout the United States and Canada.
Several cases involved actions for breach of various rental agreements, including one for breach of contract, breach of warranties, fraud, and violation of consumer protection laws arising from the leasing of imaging equipment.
A multi-party action for breach of contract and for allegedly aiding and abetting a breach of fiduciary duties relating to the issuance of securities and the acquisition of a hydroelectric plant.
Disputes between hospitals and physicians or physician groups relating to medical service provider contracts.
Actions for breach of or to enforce food supplier contracts and food shipping agreements.
An action for breach of a software license agreement, which involved allegations of inadequate training, improper installation and defective program performance.
An action for foreclosure and deficiency damages resulting from a default in performance of a truck lease involving issues of compliance with UCC provisions.
An action against a chemical manufacturer and seller of seed potatoes for breach of warranties.
Two actions against the owner of a ranch and the ranch manager by a well-drilling contractor and a road-building contractor for breach of the contracts and other claims for assault, intentional infliction of emotional distress and negligent supervision of an employee.
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REAL PROPERTY DISPUTES
Several actions involving claims of fraudulent representations and/or nondisclosure of defects allegedly occurring in the sale of residential properties.
A multi-party dispute involving four separate lawsuits variously alleging real property claims, breach of contract, mortgage foreclosure, and legal malpractice claims.
An action by the purchaser of a residence alleging that the vendor failed to disclose prior flooding of the sewer system in violation of the Idaho disclosure statute.
An action by the purchaser of a residence that was situated on a steep hillside against the vendor and the builder alleging that the builder had failed to properly anchor the foundation which was starting to settle and slide down the hill and that the vendor had attempted to conceal the resulting defects and damage to the property. Issues of noncompliance with the Idaho Real Property Disclosure Act were also involved.
An action involving one seller, two brokers, and two buyers of a single parcel of land who both claimed to be the lawful buyer of the property.
An action by an adjoining land owner against the owner of a service station for damages and remediation costs incurred to clean underground water contaminated by a petroleum storage tank spill.
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CONSTRUCTION DISPUTES
Several multi-party construction cases involving claims of breach of contract and/or negligent engineering and design, negligent construction management, negligent supervision by engineers, faulty construction, design and/or construction delays, and unauthorized or undocumented change orders.
A dispute involving claims by an irrigation district for breach of warranty, breach of contract and negligence against the engineers, contractor, product manufacturer, and a supplier for damages resulting from defective resurfacing of an irrigation dam.
A dispute in which the homeowner asserted claims of breach of contract and negligence against a builder for allegedly failing to design and build adequate drainage for the residence.
An action by a landowner against the developer for breach of contract and negligence in the design and construction of a residential subdivision.
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PERSONAL INJURY AND WRONGFUL DEATH DISPUTES
Many personal injury cases arising out of collisions involving motor vehicles, motorcycles, bicycles, or pedestrians.
Actions involving collisions between skiers and resulting personal injuries.
An action for damages suffered by a 3 year-old who was struck by a motor vehicle and drug for more than 150 feet.
An action for wrongful death by several members of the family of the decedent against a police agency and the operators of the motor vehicles which were involved in the motor vehicle collision.
A multi-party personal injury action involving ten plaintiffs, each claiming damages for personal injuries resulting from a vehicle roll-over against the manufacturer, lessee, and driver of the vehicle, asserting product liability and negligence.
Cases involving claims for damages resulting from injuries received while using or riding on motorized exercise or recreation equipment such as treadmills and jet skis.
A combination of two lawsuits consisting of a multi-party dispute involving third-party claims for personal injuries resulting from a motor vehicle collision and an action involving first-party claims against the insurer of an injured party asserting bad faith adjustment of the claim.
A simultaneous mediation of two actions against one defendant arising out of the collision of three semi-truck and trailer rigs in Oregon for property loss, personal injuries, loss of income, and loss of consortium.
An action against the operator of a forklift and his employer for injuries suffered when the forklift pushed a rolling bread rack into the injured party.
An action against the dramshop and the driver for the wrongful death of a spouse and mother of adult children who was killed when her vehicle was struck by a drunk driver.
The simultaneous mediation of three claims for injuries suffered by three unrelated children who were struck by the defendant’s vehicle at a ballpark.
A claim against a utility company for the wrongful death of a spouse who came in contact with an improperly grounded power line.
An action for damages for severe electrical burns suffered by a crane operator against a utility company, the contractor, and the owner of the project who failed to de-energize the power line. Issues involved the Overhead Line Safety Act.
An action for the death of a six-year child who was caught in a harvester machine.
An action by one struck and injured by a bull when it charged through a fence against the owner of the bull for negligence and strict liability for failure to control an animal with known dangerous propensities.
An action asserting negligence against the operator of a snowmobile for injuries suffered by a passenger on a towed sled when thrown from the sled.
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PRODUCT LIABILITY DISPUTES
Several product liability cases variously involving claims for defective design, defective manufacture, negligence, breach of warranty, and/or breach of contract.
A multi-party action by 15 members of a hockey team for injuries from fumes allegedly caused by a defective ice resurfacing machine against the manufacturer of the machine and the rink operator.
An action against the manufacturer and retailer of a food product for mental and physical trauma allegedly resulting from the consumption of larvae of the Indian Meal Moth that was in the food.
An action for wrongful death of a truck driver asserting that the safety restraint system was defective and that the semi-truck cab lacked adequate crashworthiness.
An action against the manufacturer of a grain auger and the operator of a grain elevator for the loss of one leg and severe injuries to the other leg by an employee who stepped into the auger.
An action for negligent installation of a grinding wheel to recover for the death of an individual who died when struck by a piece of the wheel.
An action against the manufacturer of a tractor that unexpectedly engaged gears and ran over the operator while dismounted causing severe injuries.
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INSURANCE DISPUTES
Several cases involving claims under the uninsured or underinsured motorist coverage provisions of motor vehicle insurance policies which involved coverage issues.
Several cases involving allegations of bad faith adjustment of first party and third party insurance claims.
An action involving claims of compensatory and punitive damages for alleged misrepresentations relating to the sale of a life insurance policy.
An action for bad faith adjustment of a fire loss in which the court had allowed amendment of the complaint to assert a claim for punitive damages.
An action for breach of contract, fraud, and bad faith denial of claims for medical benefits under a health insurance policy in which the insurer denied benefits based upon the pre-existing condition exclusion.
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PROFESSIONAL MALPRACTICE DISPUTES
An action for medical malpractice allegedly committed during surgery by hospital personnel which purportedly resulted in permanent impairment of the claimant’s leg.
An action to recover damages, interest and penalties imposed by state and federal taxing authorities and allegedly resulting from improper inventory and depreciation deductions taken by a national firm purportedly upon the advise of the accountant of the claimant.
A medical malpractice action against an ENT physician for failing to locate and remove a stent that had been placed during surgery in the sinus of a patient by the defendant.
An negligence action for injuries suffered when thrown from a horse against a horse outfitters and guides service for allegedly failing to properly match a novice rider with a spirited horse. Allegations arising out of the Idaho Responsibilities and Liabilities of Recreational Participants Act, The Equine Activities Immunity Act, and the Idaho Outfitters and Guides Act and regulations were also involved.
An action for breach of contract and negligence against an income tax preparation service for errors which allegedly resulted in additional taxes, interest, and the expense of an IRS audit.
An action against the operator of a jet boat for negligent operation of the boat on the Snake River which allegedly resulted in the drowning of a passenger. Material comparative fault issues were involved.
An action by the purchaser of a home against the vendor, realtor, and a home inspector for failure to discover and report the presence of termites.
An action for wrongful death against a pharmacy for erroneously telling a customer that a prescription had not been called in by the customer’s physician and the customer died allegedly as a consequence of not having the prescription available when needed.
An action for medical expenses, disfigurement, emotional distress, and permanent physical impairment resulting from the surgical removal of a mole and surrounding tissue thought to have been cancerous based on an erroneous report by a physician that biopsy tissue removed from the patient contained cancer.
An action for partial loss of eyesight and related damages resulting from allegedly improper post-operative care following eye surgery.
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OTHER REPRESENTATIVE DISPUTES
A multi-party environmental lawsuit involving claims against the manufacturer and installer of petroleum line leak detectors for costs of remediation and cleanup of a petroleum release, and claims against the Idaho Petroleum Clean Water Trust Fund.
Several actions to recover property damages, including one to recover the costs of suppressing a forest fire allegedly resulting from negligent repairs to a power line.
An action for negligent recruitment, screening and monitoring of a youth worker who sexually assaulted a young boy while serving as a mentor to the youth.
An action for invasion of privacy, intentional infliction of emotional distress and negligent supervision of an employee who allegedly obtained and used the medical and psychological treatment records of a political opponent in a political campaign.
The dissolution of a cattle ranch partnership, including the allocation of assets and debt, accountings, valuations, disposition of contracts, leases and pasturage agreements, and livestock.
An action against owners of a cattle sale yard and two other companies for conversion of cattle purchased from persons who had stolen the cattle.
An action to restore grazing rights upon the public domain following termination of a rancher’s sheep grazing use permit.
The dissolution of a multi-party joint venture involving a feed and seed business, a golf course and other assets.
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MEDIATION ADVOCACY EXPERIENCE
Mr. Clark has represented clients in many successful mediations including:
The developer of a residential subdivision surrounding a golf course in a dispute with the owner of the golf course concerning boundaries, claims of trespass and encroachment, breach of contract, adverse possession, prescriptive easements, and fraud. Twenty two items of dispute were resolved.
Claimants who were asserting damages for defalcations by an individual who was an officer, director and manager of a business. A substantial recovery was obtained for claimants in the resolution of the case.
A mining company in a multi-party dispute involving the United States, the State of Idaho and several mining companies relating to the liability and allocated share of the costs of cleaning up and restoring historic environmental damage to private and public lands in Idaho. The matter was resolved to the satisfaction of the client.
The owner of land in her defense against claims by neighbors for adverse possession and/or prescriptive easements. An agreement was reached by the parties.
A partner in a dispute arising out of the dissolution of a medical practice partnership. The dispute was resolved by agreement.
A publishing company in a dispute with an author involving intellectual property and publishing rights, which resulted in an amicable resolution of the matter.
The owners of land on Priest Lake, Idaho who are asserting inverse condemnation claims against the State of Idaho. The matter is ongoing.
The general partner of farming and ranch enterprise in a dispute with a limited partner who withdrew from the limited partnership. The matter was successfully resolved.
A public employer in a dispute with an employee who asserted claims of wrongful termination, defamation, intentional infliction of emotional distress and violation of civil rights. A compromise and settlement agreement was reached but the employee has refused to conclude the matter.
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877 MAIN STREET, SUITE 1000
BOISE, IDAHO 83702 - 5858
Phone: 208 / 344 / 6000
www.clarkmediation.com
mwc@hteh.com
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