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Mediator Resume
James C Earle, Esq.
Current Employer-Title
Clark Hill, LLP - Partner/Member
Profession
Attorney, Mediator, Arbitrator, General Contractor (B), and Subcontractor (C-36-Plumbing).
Work History
Partner/Member, Clark Hill LLP, 2017 - Present; Partner, Morris Polich & Purdy LLP, 2016 - 2017; Partner, Ervin Cohen & Jessup LLP, 2013 - 2016; Partner, Van Etten Suzumoto & Sipprelle LLP, 2012 - 2013; Partner, McGuireWoods LLP, 2006 - 2012; Partner, Van Etten Suzumoto & Beckett LLP, 2005 - 2006.
Experience
Partner in Clark Hill, LLP’s Construction and Design Litigation Department and AV Preeminent-rated trial attorney experienced in all phases of trial and litigation. Brings unique, practical experience to litigation practice: one of few attorneys with hands-on experience in construction as a licensed California general contractor (B) and subcontractor (C-36 Plumbing); and has served as a combat engineer, construction surveyor and soils analyst in the U.S. Army Corps of Engineers. Has been the lead counsel in over 40 jury trials, bench trials, and binding arbitrations. Represented municipalities, developers, general contractors, sub-contractors, product manufacturers, suppliers, design professionals, hotels, homeowners, condominium and homeowners’ associations in California, Nevada, Colorado, Florida, Washington and Arizona. Serves as national counsel to construction product manufacturers and has supervised and directed complex products liability litigation throughout the United States and Internationally. Represented construction product manufacturers, contractors and owners in administrative hearings and negotiations with federal, state and local administrative agencies related to building code compliance and proposed modifications to the state and local building codes and regulations.
Mediator Experience
Mediation experience with the Los Angeles Superior Court Mediation Program provided with a wide range of opportunities to meditate cases involving Complex Commercial/Construction/Real Estate disputes, construction defects, personal injury claims, car accidents, products liability and business disputes, etc. This program has been disbanded and do not have records regarding these mediations. The construction disputes and construction defect cases involved multiple parties. Currently appointed to the Federal Court Central District’s (California) Alternative Dispute Resolution (ADR) Program for an additional two-year term and have mediated cases associated with ADA and construction issues. Have also mediated cases on the AAA panel in the area of construction defects and disputes. Have also mediated over 700 cases as a construction law litigation attorney, mediator and co-mediator in numerous state and federal court districts.
Representative Issues Handled as a Mediator
Complex Commercial/Construction/Real Estate disputes, construction defects, personal injury claims, products liability claims, business disputes, ADA and other related construction issues.
Mediator Style & Process Preferences
My mediation philosophy is to treat everyone with respect and foster good communication with and between the parties and counsel. I also provide everyone with an opportunity to speak during the mediation session to express their views. This process allows for the parties to collectively break down complex legal issues involving multiple parties to expeditiously resolve the matter. This process may also involve expert discussions and presentations to simplify the range of the disputes. My construction background enables me to work with parties and experts to reach a negotiated settlement taking into consideration the specific details of each dispute.
With my direct first-hand knowledge of the construction process and the multitude of issues that can arise on a project, I try to make everyone comfortable in discussing their relative positions. I use the collective knowledge of the group involved in the meditation as a tool to obtain a positive outcome. I also allow for expert discussions and presentations to attempt to narrow the issues.
My role as a mediator is as a referee who will guide the parties and counsel toward a mutually agreeable resolution.
Education
Golden Gate University (JD - 1985); San Jose State University (MA, Counseling - 1981); Rowan State University (BA, History - 1978).
Professional Licenses
Admitted to the Bar: California (1986), Nevada (1997), Colorado (1998), Arizona (2001), Washington (2003), Florida (2011). Certified Mediator, Pepperdine University Mediation Certification Program (1996); State of California General Contractor (B) and Subcontractor (C-36 Plumbing); LEEDS Associate.
Professional Associations
Los Angeles County Bar Association - Construction Law Subsection - Past Chairperson and Current Executive Committee Member of Real Estate Section; American Bar Association; Army Engineer Association; Defense Research Institute; Former Building Industry Association (BIA); Member, Fellowship of the Construction Lawyers Society of America.
Recent Publications & Speaking Engagements
PUBLICATIONS
•Author, "Necessary Steps," Construction Today, October 2018
“California Construction Law, Winners and Losers,” Claims Magazine, Published by the National Underwriter Company, May 2000.
•Author, “Expert Fees and Construction Defect Issues,” The California Construction Law Reporter, March 1996
SPEAKING ENGAGEMENTS:
•Moderator, American Arbitration Association® Construction Conference, March 23, 2018
•Presenter, "Effective Discovery in Construction Arbitration—What is really necessary? Keeping Arbitration Lean," American Arbitration Association Construction Conference, March 2015
•Presenter, "New Building Products and Technologies," Construction SuperConference, December 2008
•Presenter, "An Overview of New Building Technologies: What Owners and Developers Should Know," The Association of Owners and Developers (AOD) Seminar, May 2008.
"Care and Feeding of Clients": Clark Hill Leadership Academy 2019.
AAA Construction Conference: Panelist for Conference: “Keeping Arbitration Lean” March, 2015.
“New Building Products and Technologies,” Construction SuperConference, December 2008.
“An Overview of New Building Technologies: What Owners and Developers Should Know,” The Association of Owners and Developers (AOD) Seminar, May 2008.
West Coast Casualty Construction Seminar Speaker -"California Construction Law, Winners and Losers", May 2001.
Locations Where Parties Will Not be Charged for Travel Expenses
Compensation
Hourly Rate: $850.00
Daily Rate: Not provided
Study Rate: $850.00/hr
Cancellation: $850.00/hr
Cancellation Period: 15 Days
Comment: Cancellation Policy: 15 days before Mediation
Languages
English
Citizenship
United States of America
Locale
Los Angeles, California
