Merlyn Clark, Esq.
877 Main Street
Suite 1000
P.O. Box 1617
Boise, ID 83702
Hourly Rate $300
Current Hawley Troxell Ennis & Hawley, LLP – Partner
Practice 29
Cases 900 plus
Languages English
Hawley Troxell Ennis & Hawley, LLP – Partner
Partner, Hawley Troxell Ennis & Hawley LLP, 1979 – Present; Partner, Clark Curtin & Creason, 1968 – 1979; Partner, Blake Givens Feeney & Clark, 1966 – 1968; Associate, Blake Givens & Feeney, 1964 – 1966.
Has been a mediator for public and private parties since 1989. Received the designation of Certified Professional Mediator from the Idaho Mediation Association in 1995. On the roster of approved mediators for the United States District Court of Idaho and all Idaho state courts. Has mediated more than 700 civil actions. These have included multi-party and complex cases asserting claims for insurance coverage, bad faith claims, personal injuries, wrongful death, property damage, product liability, premises liability, real estate, securities fraud, brokerage contracts, NASD regulations violations, commercial contracts, sales, secured transactions, construction disputes, environmental degradation and remediation, natural resources, federal use permits, water rights, professional malpractice (medical, real estate, legal, and accounting), hospital contracts, health care contracts, non-compliance with the Americans With Disabilities Act, workplace, labor, and employment disputes.
Insurance cases have involved issues relating to coverage, exclusions, first party and third party bad faith adjustment, fraud, and uninsured and underinsured motorist issues. Personal injury and wrongful death cases have involved issues of negligence, negligence per se, gross negligence, recklessness, strict liability, noncompliance with statutes and regulations, Dram Shop laws, and compensatory damages resulting from economic losses and non-economic losses from injuries, disfigurement, emotional distress, permanent physical or mental impairment, loss of enjoyment of life, the restrictions of statutory caps, and punitive damages. The workplace and employment disputes have involved issues of alleged breach of contract, constructive discharge, negligent and/or intentional infliction of emotional distress, slander, wrongful discharge, sexual harassment, age, gender, race, and/or religious 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. Some cases have involved actions by the EEOC on behalf of the employee concerning compliance with federal laws. A labor case between a municipality and police union involved issues of compensation and benefits. Construction cases have involved claims for breach of contract, negligent engineering and design, negligent construction management, negligent supervision of engineers, professional malpractice, faulty design, faulty construction, delays, unauthorized or undocumented changes, force majeure, changed circumstances, and equitable adjustment. Professional malpractice disputes have involved medical malpractice, legal malpractice, Realtor and real estate salesmen malpractice, accountant malpractice, and securities broker malpractice and breach of NASD Rules.
Represented many clients in mediation, 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 in which twenty two items of dispute were resolved; the claimants in a dispute who were asserting damages for defalcations by an individual who was an officer, director and manager of a business in which a substantial recovery was obtained for the client; 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 seller of a auto dealership in a dispute with the purchaser of the dealership; the owner of land in her defense against claims by neighbors for adverse possession and/or prescriptive easements; a partner in a dispute arising out of the dissolution of a medical practice partnership; 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 were asserting inverse condemnation claims against the State of Idaho; the general partner of farming and ranch enterprise in a dispute with a limited partner who withdrew from the limited partnership; a public employer in a dispute with an employee who asserted claims of wrongful termination, defamation, intentional infliction of emotional distress and violation of his civil rights; a nonprofit foundation in a dispute with an individual over entitlement to an estate; a medical insurance company in a dispute with physicians over peer review issues; a state agency defending claims it violated procurement statutes and interfered with contractual rights; a dispute between shareholders in a family owned corporation; a dispute among members of a limited liability company over management of the company; and a contractor defending off-the-clock excess time claims in a class action.
My mediation style is proactive rather than facilitative. I encourage active participation by the parties and stress that mediation is a voluntary process of self-determination to reach an acceptable resolution of the dispute while the parties are still in control of the outcome. I adhere to the Idaho Mediation Association Standards of Practice for Idaho Mediators, the Standards of Conduct for Mediators promulgated by the American Arbitration Association, American Bar Association and Association for Conflict Resolution, and court rules governing court ordered mediations.
C. Tom Arkoosh, Tom.Arkoosh@arkoosh.com, (208) 343-5105. Steve Andersen, sba@aswblaw.com, (208) 342-4411.
ACE 22 - Process Essentials for AAA Arbitrators, 2022; ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; ACE 20 - Cyber Security: A Shared Responsibility, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Principled Deliberations ~ Decision-Making Skills for Arbitrators ACE08, 2017; AAA Navigating the Evidence and Discovery Roadmap in Arbitration, 2016; AAA Dispositive Motions in Arbitration: Best Practices for Advocates & amp; Arbitrators, 2016; AAA Avoiding Ten Common Missteps Arbitrators Make (ACE010), 2015; AAA “Exceeded Powers”: Recent Trends in Challenging Arbitrator Authority, 2014; AAA Webinar, Employment & Labor Case Law Update: What Arbitrators and Practitioners Need to Know, 2013; AAA Webinar, Witness In Credibility, 2011; AAA Spring Construction Conference, Mediation: It's Not New, So What's Next?, 2011; Presenter, Avoiding Traps in Arbitration, 2011; Sedona Conference, Proportionality in Electronic Discovery, 2010; Sedona Conference and Academy of Court Appointed Masters, eDiscovery Dispute Resolution Program for Special Masters and Mediators, 2010; co-presenter, Mediation Ethics, 2009; Effective Arbitration for Arbitrators and Advocates, 2009; Breaking Through Impasse by Eric Galton and Tracy Allen, 2009; AAA Webinar, Get Smart: Issues Surrounding Surveillance in the Workplace, 2009; AAA Webinar, Electronic Discovery in Arbitration: What You Need to Know, 2009; Advanced Civil Mediation by Mel Rubin, 2008; AAA Dealing With Delay Tactics in Arbitration ACE04, 2007; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2006; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2005; AAA Pro Se: Managing Cases Involving Self-Represented Parties ACE02, 2004; American College of Civil Trial Mediators, Advanced Mediation Training, 2003; Straus Institute for Dispute Resolution, Pepperdine University School of Law, The Masters Forum On Mediation, 2003; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002; attended AAA Mediator Retreat, 2000; AAA Employment Arbitrator Training, 1999; AAA Commercial Arbitrator Training, 1999; AAA/Forbes Magazine, Alternative Dispute Resolution in the Construction Industry, 1997; Straus Institute for Dispute Resolution, Pepperdine University School of Law, Negotiation and Settlement Training for Lawyers; various other ADR training.
Admitted to the Bar: Idaho, 1964; U.S. District Court: District of Idaho; U.S. Court Appeals, Ninth Circuit; U.S. Court of Federal Claims; U.S. Supreme Court.
Idaho Mediation Association (Certified Professional Mediator); National Academy of Distinguished Neutrals; American Bar Association (ADR Section; Litigation Section); American Bar Foundation (Fellow); Idaho State Bar (ADR Section, Governing Council; Litigation Section; Past Commissioner; Evidence Committee, Past Chair); Idaho Law Foundation (Past Director, Past President); Idaho Association of Defense Counsel; American Inns of Court Foundation (Master of the Bench; Past President); American College of Trial Lawyers (Past State Chair); American College of Civil Trial Mediators (Fellow); University of Idaho College of Law Advisory Council (Emeritus); The Sedona Conference (eDiscovery Working Group).
University of Idaho (JD-1964).
Listed in Chambers USA: America's Leading Lawyers (Commercial Litigation), Listed in Mountain States Super Lawyers (Top 75) (Alternative Dispute Resolution and Business Litigation), Listed in Benchmark: America's Leading Litigation Firms and Attorneys (Highly Recommended), Listed in "The Best Lawyers in America" (Business Litigation Section), "Who's Who in American Law," and "Who's Who in America"; Distinguished Service Award presented by the Idaho Supreme Court, 1988; Award of Legal Merit presented by University of Idaho College of Law, 1988; Award of Appreciation presented by Board of Commissioners of the Idaho State Bar, 1984; Outstanding Seniors Award (one of 20), University of Idaho Class of 1964; Silver Lance, University of Idaho scholastic honorary, 1964; Member, University of Idaho Law Review, 1963 – 1964.
"Avoiding Traps in Arbitration," Idaho State Bar ADR Section, 2011; "Twombly Shifted Federal Pleading Standards from Conceivable to Plausible," Idaho Trial Lawyers Association, 2010; "Building a Case from Discovery to Trial and Beyond: Evidence," Idaho State Bar Young Lawyers Section, 2006; "Trial Evidence for Judges: Management of a Trial," "Witnesses and Examination of Witnesses," "Exhibits, Demonstrative Evidence and Illustrative Aids, Tests, Analyses and Experiments," "The Exclusionary Rules," and "The Hearsay Rules," The Bench Guide by West Publishing Co. for the Idaho Judiciary, 1996-2010; "Qualifications for Expert Testimony of Real Estate Values," THE ADVOCATE, Idaho State Bar, December 1997; "Technology in Mediation," ADR REPORT, Pike & Fisher, Inc., November 26, 1997; "Suggestions on How to Mediate Settlement Conferences," ADR REPORT, Pike & Fisher, June 25, 1997; "New Court Programs Push Counsel Towards Mediation - Learn How to Effectively Represent Your Clients Through the Process," THE ADVOCATE, November 1996; "The Impact of Daubert on the Admissibility of Expert Opinion," THE ADVOCATE, April 1996; "Summary Judgment: Trial by Paper," THE ADVOCATE, February 1996; "Wetlands: Compensation for 'Taking' by Denial of the Section 404 Permit," 29 IDAHO LAW REVIEW 41, 1993; "The Real Estate Contract," chapter two, THE REAL ESTATE PRACTICE HANDBOOK, Idaho Law Foundation, 1988; "Idaho Rules of Evidence: Their Effect on Idaho Law," 22 IDAHO LAW REVIEW 1, 1985; "Water Pollution Law in Idaho," IDAHO LAW REVIEW, 1964. Annually teaches lawyers and judges on law of evidence and procedure. Instructor, U.S. Courts and Northwest Institute, Arbitration Law and Practice Training, May 22-23, 2012.
$300 Per Hour
English
United States of America
Boise, ID

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.