Mediator Resume

Ben Ochoa - Construction & Commercial ADR LLC - Owner

Arbitrator, Mediator

Owner, Ben Ochoa - Construction & Commercial ADR LLC, 2026 - Present; Partner (1995-2026)/ Attorney (1987-1995), Womble Bond Dickinson (US) (formerly Lewis Roca Rothgerber Christie; formerly Rothgerber, Johnson & Lyons), 1987 -2026.

Over 35 years of civil litigation practice focusing in the areas of construction law, real estate, and commercial litigation. Clients included lenders, owners, developers, receivers, special districts, property owners' associations, contractors, design professionals and insurance carriers. Extensive experience litigating, arbitrating and mediating a broad range of civil disputes in Colorado state courts, the U.S. District Court for the District of Colorado, and various arbitration and mediation forums. Experience in the Colorado Court of Appeals, the Colorado Supreme Court and the U.S. Court of Appeals for the Tenth Circuit. Significant construction related transactional experience representing owners, lenders, contractors in the negotiation, drafting and administration of construction contracts on both private and public construction projects.

Served as neutral mediator or arbitrator in dozens of construction and commercial disputes since 2019. Mediation experience includes mediating numerous multi-party construction disputes often involving owners, general contractors, subcontractors, design team members, and their insurance carriers.

Unlike resolution through a trial or arbitration, mediation allows the parties to “control” the final outcome of a dispute. If the parties do not mutually agree to the terms of a mediated settlement, then it will not occur. Providing the parties with the opportunity to state their positions, understand the other side’s position and to hear from an experienced mediator, gives them the opportunity to better evaluate their position and to ultimately “own” the terms of the resolution. Because over 95% of litigated and arbitrated disputes settle before trial or hearing, mediation provides the parties with the best opportunity to resolve their dispute in a controlled and thoughtful environment. Depending upon the case, it often times makes sense for the mediator to engage with counsel for the parties prior to the mediation session. That way, key issues can be "teed-up" for discussion and the parties can hit the ground running at the actual mediation. Also, if the mediation session is unsuccessful, it often times makes sense for the mediator to continue to engage with counsel after the session to see if additional progress toward settlement can be made once the parties have had time to reflect on the matter.

University of Colorado Law School (JD - 1987); University of Colorado College of Business Administration, (BS, cum laude - 1983).

Admitted to Bar: Colorado (1987).

Member, Diversity Committee; University of Colorado Law Alumni Board of Directors; Colorado Denver and First Judicial District Bar Associations; Hispanic National Bar Association; Chair Nominations Committee (2012 - 2014); USLAW Network, Board of Directors (2007 - 2009); Judiciary Committee (Chair, 2005 - 2006); U.S. Supreme Court Committee (Co-Chair, 2005 - 2006); CBA, Board of Governors (2004 - 2006); Colorado Hispanic Bar Association; Judicial Nominations and Endorsements Committee (Board Member and Chair, 1996, 1998 - 2001).

Publications: "September 1st Marks New Era for Developers and Lenders in the Colorado Residential Condominium Market," Lewis Roca Rothgerber Christie LLP, 07/27/2017; Author, "Construction Delays Create Legal Consequences for Both Parties," Colorado Real Estate Journal, May 2013; Author, "Construction Corner: The Legal Consequences of Construction Delays –(A Refresher)," Rothgerber, Johnson & Lyons Client Alert, 03/20/2013; Co-Author, "Colorado Compendium of Law," USLAW National Compendium of Law, April 2009; Co-Author, "Colorado Compendium of Construction Law," USLAW National Construction Law Compendium, spring 2008; Co-Author, "Construction Project Lenders," The Practitioner's Guide to Colorado Construction Law, Chap. 9, 1999. Speaking Engagements: Moderator, "Drones in Construction", USLAW Network Construction Seminar, spring 2016; Speaker, "Construction Delays - The Good, the Bad and the Ugly", NAHB International Home Builders Show, spring 2014; Speaker, "Timely Real Estate Construction," Associated General Contractor (AGC) Annual Convention, spring 2013; Speaker, "Delays in Construction," USLAW Network Construction Seminar, spring 2013; Speaker, "Show Me the Money - Getting Paid on Construction Projects," USLAW Network Construction Law Seminar, spring 2012; Moderator, "Construction ADR," USLAW Network Construction Law Seminar, spring 2008; Moderator, "Construction Defect Claims - Notice and Opportunity to Repair (NOR) Statutes," USLAW Network Construction Law Seminar, spring 2007; Speaker, "Special District Public Works Projects," winter 2006; Speaker, "Eminent Domain-Fundamentals and Practice for Special Districts," fall 2005; Moderator, "Joint Ventures with Majority Owned General Contractors," The Hispanic Contractors of Colorado Seminar, fall 1998.

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: $550.00/hr Cancellation Period: 3 Days Comment:

English

United States of America

Littleton, Colorado