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Member Profile: Wayne J. Mark

design element Wayne J. Mark
Fraser Stryker PC LLO
500 Energy Plaza
409 South 17th Streeet
Omaha, NE 68102
Email: Click for email

Tel: (402) 978-5223
Fax: (402) 341-8290

NE Chapter:

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ADR Services Include:

Mediation; Arbitration


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Calendar Last Updated: 11 Nov 18
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Wayne J. Mark has substantive case experience in the following areas...

design elementCommercial/Business
design elementConstruction
design elementContract Disputes
design elementEmployment
design elementEngineering
design elementFamily Businesses
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design elementIntellectual Property
design elementNursing Homes
design elementPartnerships
design elementPersonal Injury
design elementProbate
design elementProduct Liability
design elementProfessional Negligence
design elementProperty Damage
design elementReal Estate
design elementTorts
design elementTrademarks/Patents
design elementTrusts / Estates
design elementWrongful Death


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Wayne is an experienced litigator who has recently chosen to more intensely focus his practice on mediations and arbitrations. Towards this end he has and continues to undergo training in the areas of mediation and arbitration having recently completed a course on mediation offered by the American Arbitration Association which focused on the ethical tactics of successful mediators.  

Wayne has been associated with Fraser Stryker P.C., LLO in Omaha, Nebraska since his graduation from the University of Nebraska College of Law in 1972.  He became a partner in the firm in 1977.  In 1989 Wayne was invited into Fellowship in the American College of Trial Lawyers and was inducted in March of 1990 at the age of 42. 

Wayne's litigation experience is broad and varied.  Wayne has spent a good deal of his career representing companies involved in commercial and complex civil litigation. Wayne has also regularly represented owners, contractors, subcontractors, material suppliers and design professionals in the litigation of construction disputes. In this regard a part of Wayne's litigation practice has involved handling claims against contractor bonds on behalf of material suppliers supplying materials to public and private projects.  

In addition, Wayne has been regularly engaged by insurance carriers to defend individuals and corporations sued for damages due to personal injuries and property damage arising out of alleged negligence and product defects.  Wayne has frequently been asked to defend attorneys in professional negligence actions and has also defended dentists  and accountants in professional negligence actions.  

Wayne has represented individuals accused of violating their noncompete agreements and has represented individuals in actions against their employer for discrimination.  

As noted above, a significant part of Wayne's practice in recent years has been the representation of owners, contractors, subcontractors, material suppliers and design professionals in the negotiation of construction-related contracts, and, the counseling of owners, contractors, subcontractors, and design professionals respecting claims arising out of their performance of construction-related contracts.  Notwithstanding his interest in this area, Wayne has, nevertheless, continued to be actively involved an all other areas of litigation.

Drawing on his experience in construction related law, Wayne is a member of the national panel of construction arbitrators and mediators of the American Arbitration Association and is regularly appointed to serve as the arbitration or mediation neutral in construction-related cases. 

In addition to his work with the American Arbitration Association, and, after undergoing mediation training offered by the Nebraska Center for Alternative Dispute Resolution, Wayne has, for more than 10 years, successfully served as a mediation neutral in a wide variety of non construction related cases. 

A sampling of the types of cases Wayne has mediated is as follows:

Construction and design defect cases involving multple parties including owners, contractors and subcontractors

Commercial disputes between partners in a business

Commercial disputes between businesses and between business and individuals including claims for breach of contract and claims involving the violation of noncompete agreements

Personal injury cases arising out of automobile accidents

Personal injury cases and wrongful death cases resulting from explosions  which involved both claims of negligence and  product defects which allegedly contributed to the explosions

A property damage case involving a claim for damages as a result of damage caused to a building adjacent to a building being imploded

Disputes between heirs under will

Disputes between family members over real estate

Disputes between hospitals and medical doctors respecting hospital privileges

Disputes between employers and employees over the actions of employees while employed by the company

A dispute for damages between a patent holder and an alleged infringer

Disputes between insurance carriers

Claims for damages for personal injuries.


  • University of Nebraska, J.D., with distinction, 1972
  • Kearney State College and University of Nebraska, B.S.B.A., 1969

Memberships & Affiliations

  • American Bar Association, 1972
  • Nebraska State Bar Association, 1972,
  • Fellow of the Nebraska State Bar Foundation
  • Past President of the Nebraska State Bar Association
  • Past Member of the House of Delegates of the Nebraska State Bar Association
  • Member and past Chairman of the Judiciary Committee of the Nebraska State Bar Association
  • Current  Member of the Committee on Professionalism of the Nebraska State Bar Association
  • Past member of the Judicial Resources Commission for the State of Nebraska
  • Omaha Bar Association, 1972
  • Past President of the Omaha Bar Association
  • Past Member of the Executive Counsel of the Omaha Bar Association
  • American College of Trial Lawyers - Fellow 1990 to Present
  • State Chairman (October 2000-October 2002)
  • Past Member of the American College of Trial Lawyers Alternative Dispute Resolution Committee
  • Nebraska Association of Trial Attorneys - Director (1986-1988)
  • Defense Research Institute and Trial Lawyers Association - Area Chairman (1986-1992) and State Chairman (1992-1995)
  • Nebraska Association of Defense and Corporate Counsel - Member --  President (1990-1991)
  • The Robert M. Spire American Inn of Court -- Charter Member and Master
  • Member of the National Panel of Construction Mediators and Arbitrators of the American Arbitration Association


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