MEDIATION - David P. Clark, Esq.
A mediator is an expert on the process of negotiation, who is hired to assist the parties in solving a problem, resolving a conflict, or agreeing on a transaction. In many cases, the subject of mediation will involve a legal claim or dispute, or an exchange of money, assets, or resources. In every case where he is a Mediator, Mr. Clark functions as an impartial advocate for clear communication and plays an active role in encouraging the parties to arrive at a mutually agreeable settlement or outcome.
Mr. Clark’s clients hire him because he has the experience necessary to understand the subjects under discussion; the ability to ensure transparent communication, the insight to know when to step in as referee when the going gets tough; and a talent for achieving success. Mr. Clark has mediated over 600 matters, in both informal and formal settings. He is a subject matter expert in organizational conflict, collective bargaining/labor-management relations, employee performance and discipline, civil rights/EEO complaints, and commercial contracts. In this connection, federal agencies call on Mr. Clark as a neutral in order to avoid conflicts of interest present in intra-agency workplace disputes, as detailed in the EEOC's revised MD-110.
Another area of Mr. Clark's practice is Co-op and Condo Mediation. For many years, he has brought neighbors together to discuss residential disagreements and how to settle them. Examples of issues include noise complaints, use of shared resources, and property line disputes. Interested actors may include owners, renters, boards of directors, contractors, and managing agents.
In 1997, Mr. Clark received certification to practice mediation from the Supreme Court of the Commonwealth of Virginia, and has hundreds of hours in continuing education for mediation. Since 2006, Mr. Clark has worked as an Adjunct Professor of Alternative Dispute Resolution at American University's Washington College of Law, Washington, D.C. There, he trains students on the Interest-Based Bargaining ("IBB") approach to negotiation, as well as traditional distributive bargaining techniques and practices. His emphasis is on client-based practice, active listening, and problem-solving advocacy for lawyers in negotiations.