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Mediator Resume

Timothy M. Gibbons, Esq.

Timothy M. Gibbons, Esq.

Current Employer-Title

Chambliss, Bahner & Stophel, PC - Shareholder

Profession

Attorney, Architect (inactive)

Work History

Shareholder / Associate, Chambliss, Bahner & Stophel, PC, 2003-Present (and 1991-2002); Partner, Samples, Jennings, Ray & Gibbons, PLLC, 2002-2003.

Experience

Resolved hundreds of disputes, through litigation, arbitration or mediation involving: differing site conditions, lost efficiency, change orders, defects, delay claims, structure collapses, job site fatalities, lien and payment disputes. Negotiated and drafted contracts for major construction projects, including: large automobile assembly plants, sophisticated chemical processing facilities, sports stadiums, corporate headquarters facilities, and solar arrays. Provided legal advice to owners, general contractors, subcontractors, suppliers, sureties, and design professionals. Practiced as a Licensed Architect in Georgia Designed numerous projects, performed site inspections, familiar with construction means and methods, familiar with project design, budgeting and scheduling.

Mediator Experience

Served as mediator resolving dozens of cases involving defective construction (residential and commercial), water infiltration and mold (residential), payment disputes, punch list items, delay claims, HVAC issues, equipment installation issues, and contract termination.

Mediator Style & Process Preferences

No "standard template" is appropriate for all mediations; instead, in each mediation I ask the attorneys for their views on what mediation procedures will be most effective. For example, opening sessions can be structured depending on the direction of parties and counsel (or dispensed with altogether). I often call counsel before and after submission of any materials to ask questions and seek insights on sensitive issues, anticipated sticking points, and gauging the parties' biases. In the event of an impasse, I have often used a mediator's proposal. If the dispute is not resolved, I continue to call counsel after the fact to see if I may assist in further negotiations. In some disputes, I have called many months after the mediation and been able to suggest other approaches that have resolved the dispute. I do not mind pestering the lawyers in order to encourage resolution.

Education

University of Georgia School of Law (JD, magna cum laude – 1991); Georgia Institute of Technology (MS, Industrial Management – 1982, Georgia Tech's previous MBA degree); Georgia Institute of Technology (Master of Architecture – 1981); Georgia Institute of Technology (BS, with honors – 1979).

Professional Licenses

Admitted to Bar: Georgia (1991), Tennessee (1991); U.S. District Court: Eastern District of Tennessee (1991), Northern District of Georgia (1991); U.S. Supreme Court (1995).

Professional Associations

Dispute Resolution Board Foundation, Member and completed training Tennessee Association of Construction Counsel, Founding Member and Past President Meritas, past Construction Section Chair Associated General Contractors of America, Committee on Construction Contracts ACE Mentor Program of Southeast Tennessee and North Georgia, past Board of Directors Associated General Contractors of East Tennessee, past Board of Directors Associated General Contractors of Georgia, past member

Recent Publications & Speaking Engagements

AGC of East TN Webinar on Force Majeure Contract Provisions, "Force Majeure: Common Sense in Uncommon Times," 2020 Presented to the Tennessee Association of Construction Counsel's Spring meeting, "Ideas About Real-Time ADR for Projects at Risk," 2020 Provided Insight on the Arbitration Process at the TBA 2020 Construction Law Forum, "The Arbitration Process – a Plenary Discussion of the Stages of Arbitration," 2020 Spoke at Construction Lawyers Society of America 2019 International Conference, "Ethical Issues in Addressing Design, 2019 Co-Presenter, ConsensusDocs Webinar for Associated General Contractors of America "Key Contracting Issues for Owner & Design Professional Agreements: Comparing Provisions in AIA & ConsensusDocs Contracts", 2015 Presented at the Tennessee Bar Association's Construction Law Seminar "Advocate's Perspective on Conducting an Arbitration Hearing", 2015 Co-Presenter for AIA/Associated General Contractors of East Tennessee "Prompt Pay Act and Lien Law:, 2014 Co-Presenter at the Associated General Contractors of Tennessee 2014 Annual Convention "Tennessee Construction Law Update" 2014 Co-Presenter, ConsensusDocs Webinar for Associated General Contractors of America "Key Contracting Issues for Owner & Design Professional Agreements: Comparing Provisions in AIA & ConsensusDocs Contracts", 2014 Presented at the Tennessee Bar Association's CLE program "Anatomy of a Construction Dispute from A to Z", 2014 (15 Older Speaking Engagements omitted for brevity)

Compensation

Hourly Rate: $400.00 Daily Rate: Not provided Study Rate: $400.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Non-local travel time billed at one-half hourly rate; local travel is not charged.

Languages

English

Citizenship

United States of America

Locale

Chattanooga, Tennessee