Mediator Resume

Chicago based Illinois attorney (1998), Florida attorney (2001), and Illinois licensed architect (1993). Has used combined professional experience in law, architecture, construction and real estate to provide arbitrator and mediator services for the past fifteen years in over 150 complex construction, real estate and commercial arbitrations and mediations. Has served as Chair Arbitrator on numerous arbitration panels with disputes of more than 10 or more parties, and as mediator for numerous multi-party complex mediations. Holds a Juris Doctor degree from Loyola University Chicago; a Bachelor of Architecture from the University of Illinois at Chicago; and a Master of Architecture degree from the University of Illinois, Champaign-Urbana.

The Law Office of Gary L. Cole AIA, Esq. - Principal and Owner

Architect, Attorney, Administrative Law Judge, Consulting Expert Witness

Principal and Owner, The Law Office of Gary L. Cole AIA Esq., 2008 - Present; In-House and Outside Counsel for Florida Real Estate Developer, The Sembler Company, 2005 - 2008; Construction, Real Estate and ADA Attorney, Seyfarth Shaw LLP, 2002 - 2005; Construction and Real Estate Attorney, Gunster, Yoakley & Stewart 2001 - 2002; Construction and Real Estate Attorney, Winston & Strawn, LLP 2000 - 2001; Construction Litigation Attorney, D'Ancona & Pflaum 1998 - 2000. Visiting Associate Professor of Architecture, School of Architecture at the University of Illinois, 1993 - 2001; Intern and Licensed Architect at various Chicago and Illinois architectural firms, 1988 - 1998; Bauer Latoza Studio, 1995; State of Illinois Historic Preservation Architect, 1992 1994; Owner, Cole Architects, 1988 - 1998; The Riddle Group Architects, 1988 - 1990.

Is a Chicago - based Illinois licensed attorney (1998) and Florida licensed attorney (2001) specializing in construction, commercial, real estate and historic preservation law, and one of the few dozen individuals in the United States holding licenses in both law and architecture. Maintains Illinois architectural license and membership with the American Institute of Architects (AIA), but after practicing architecture for fourteen (14) years and graduating Loyola University Chicago School of Law, has practiced law for the past twenty-eight (28) years with Chicago law firms such as Winston & Strawn, LLP and Seyfarth Shaw, LLP, with the West Palm Beach, Florida law firm of Gunster Yoakley & Stewart, P.A., and as in-house finance, leasing and real estate development counsel for Florida developer The Sembler Company, and currently operates The Law Firm of Gary L. Cole AIA, Esq. As a construction attorney has represented developers, property owners, public entities, architects, engineers, general and sub-contractors, Has prepared design agreements, construction contracts and service agreements for architects and engineers, property owners and developers, public entities, contractors, subcontractors and consultants for a wide variety of residential, commercial, office and industrial projects including single-family homes and condominiums; shopping centers and other retail development; office and retail tenant build-outs; roadway development; industrial development projects. Combines experience as an architect and attorney to quickly understand the physical and legal nature of construction issues. Dual professional backgrounds in law and architecture allow the examination of construction documents and reports, and to conduct personal site inspections to quickly determine the cause of design and construction defects, material and structural failure, change order disputes, contract breaches, delay claims, lien claims, unforeseen site conditions, and a wide range of other causes of construction-related disputes. Former Visiting Associate Professor of Architecture at the University of Illinois Graduate School of Architecture and taught hands-on construction techniques, building documentation, failure investigation and material forensics. Hand-drawn historic building drawings are archived in the U.S. Library of Congress. Has broad experience in real estate transactional matters including the acquisition, disposition, leasing, and development of commercial, office, industrial and residential properties, including "big box" retail and shopping center developments. Negotiated purchase and sale agreements, leases, easement agreements, addressed title and survey matters, prepared closing documents, negotiated land use, condominium agreements, environmental, zoning and building code matters with local governmental authorities. Was In-House Counsel for shopping center developer active throughout the southeast United States and Puerto Rico, on retail projects up to 1,150,000 square feet in size consisting of national “big box” retailers, in-line retail, restaurants, retail banking and national outparcel users, grocery and drug store chains. Negotiated and prepared leases and disposition and acquisition documents for retail properties valued at more than $600 million. Negotiated construction and permanent financing documents for more than $750 million in development. Developer's counsel for $50 million in special district public bonds for infrastructure development. Has provided historic rehabilitation tax-incentive and historic preservation Section 106 regulatory compliance services, and legal and expert witness services for historic preservation and Americans with Disabilities Act (ADA) disputes. Is also a construction administrative law judge.

Is both an Architect and an Attorney: two professions in one professional. Combines 40 years of experience as both architect and attorney to offer unique and successful mediator and arbitrator services to efficiently and cost-effectively resolve a wide range of complex construction, commercial and consumer disputes. For the past 28 years has practiced law as an Illinois and Florida licensed construction and commercial attorney, preceded by 12 years practicing architecture. Is fluent in the complex languages of law and construction, and for the past 16 years has served as an AAA commercial and construction mediator and arbitrator on over 150 disputes involving a wide range of building types, claims and parties, with a very high mediation settlement rate. Has settled many complex two-party, three-party, and four-party mediations requiring from 1 to 5 days of mediation conferences. Drawing on legal expertise and construction experience, employs a variety of mediation techniques to achieve a higher number of settlement opportunities. Has mediated and arbitrated disputes in the Chicago area, Illinois, Iowa, Wisconsin and Indiana, North Dakota, Alabama and has conducted remote mediation conferences via Zoom, including a party attending the mediation conference from Australia. Can serve as mediator and arbitrator in any location within or outside the United States, either in-person or by Zoom or similar platform. PARTIES AND PROJECT TYPES: Served as Certified Mediator and arbitrator for construction and real estate disputes involving lenders, borrowers, developers, owners, architects, designers, contractors, subcontractors, consultants, tenants, landlords, condominium associations and their Declarations of Covenants, Conditions, Restrictions, and By-laws, local governments and federal agencies. Project types have included commercial development, retail facilities, hotels, restaurants, county courthouse and jails, sports facility, federal courthouse, industrial and sustainable energy developments, public school districts and private educational institutions, modular and stick-built mixed-use and mid-rise commercial and student housing, high-rise residential condominium and commercial development, senior community and assisted living developments, multi-family residential, mid-to high-end single family residential projects. DISPUTED DESIGN AND CONSTRUCTION ISSUE TYPES: Disputed design and construction issues include contract breach and performance issues under American Institute of Architects (AIA) and many other industry-standard and custom construction agreements, as well as claims involving design and construction defects, material and structural failure, change order disputes, uncompleted punch list issues, HVAC performance and failure, plumbing and electrical defects, surface drainage issues, sports facility ice rink refrigeration failure, roofing defects and failure, concrete parking deck defects and failure, water infiltration and damage, wood flooring defects, concrete flooring defects, residential wind load structural defects, code compliance, fraud allegations, scheduling and delay claims, non-payment claims, mechanics liens, cost overruns, concrete and masonry failure, foundation and caisson issues, unforeseen conditions, partnership agreements, intellectual property and related copyright infringement claims, foreclosure, loan modification and asset relinquishment, and a wide range of other design and construction disputes. DOCUMENTARY AND PHYSICAL EVIDENCE EXAMINATION: As an attorney and architect, has extensive experience preparing and reviewing design, construction industry and real estate documentary evidence, including construction drawings and other contract documents, specifications, project manuals, bid documents, change orders, pay requests, photo-documentary evidence, material samples, and critical path.

Has served on over 150 construction and commercial mediations and arbitrations of a variety of size and complexity and has successfully settled many two-party, three-party and four-party and complex multi-party mediations requiring from 1-5 days of mediation conferences. REPRESENTATIVE ISSUE TYPES Disputed design and construction issues include contract breach and performance issues under American Institute of Architects (AIA) and many other industry-standard and custom construction agreements, as well as claims involving design and construction defects, material and structural failure, change order disputes, uncompleted punch list issues, HVAC performance and failure, plumbing and electrical defects, surface drainage issues, sports facility ice rink refrigeration failure, roofing defects and failure, concrete parking deck defects and failure, water infiltration and damage, wood flooring defects, concrete flooring defects, residential wind load structural defects, code compliance, fraud allegations, scheduling and delay claims, non-payment claims, mechanics liens, cost overruns, concrete and masonry failure, foundation and caisson issues, unforeseen conditions, partnership agreements, intellectual property and related copyright infringement claims, foreclosure, loan modification and asset relinquishment, and a wide range of other design and construction disputes. REPRESENTATIVE PARTIES AND PROJECTS Served as Certified Mediator and arbitrator for construction and real estate disputes involving lenders, borrowers, developers, owners, architects, designers, contractors, subcontractors, consultants, tenants, landlords, condominium associations and their Declarations of Covenants, Conditions, Restrictions, and By-laws, local governments and federal agencies. Project types have included commercial development, retail facilities, hotels, restaurants, county courthouse and jails, sports facility, federal courthouse, industrial and sustainable energy developments, public school districts and private educational institutions, modular and stick-built mixed-use and mid-rise commercial and student housing, high-rise residential condominium and commercial development, senior community and assisted living developments, multi-family residential, mid-to high-end single family residential projects.

OVERVIEW OF CONSTRUCTION AND COMMERCIAL MEDIATION APPROACH As an experienced construction and commercial mediator, having served in over 150 arbitrations and mediations, tailors each mediation’s approach to the details of the dispute and desires of parties and their counsel to achieve the best opportunity for resolution and settlement. Since construction disputes are often fact-intensive, success in resolving them depends on an experienced understanding of construction industry-specific terminology, methods, materials, defects, contract administration and other factors. Commercial disputes, especially those involving real estate and development have similar and often overlapping concerns and factors. Dual professional backgrounds allow fluent communication with disputing parties and their counsel in the industry-specific languages of law and construction. While parties are sometimes sufficiently advanced in their dispute to only require a mediator’s guidance through the final steps resolving settlement terms, other, often more complicated disputes require a mediator’s greater involvement. For this kind of mediation, an “evaluative/facilitative” approach may be most effective. EVALUATIVE / FACILITATIVE MEDIATION APPROACH Draws from backgrounds as an experienced construction and real estate attorney, and licensed architect to provide a successful "Evaluative/Facilitative" mediation approach. This approach involves examining the parties’ pre-mediation conference document submissions to understand and evaluate each party's allegations, arguments, and evidence, thereby facilitating the primary goal of parties leaving mediation conferences with signed settlement agreements. Believes that nothing less, such as nonbinding writings of settlement intent, is likely to ensure the timely execution of binding settlement agreements. CONFIDENTIAL PRE-MEDIATION CONFERENCE STRENGTH & WEAKNESS EVALUATIONS Prior to a mediation conference, the mediator discusses separately and confidentially with each party their positions and goals, along with confidential evaluations of each party's position, strengths, and weaknesses, based on a review of the parties' document submissions. These discussions allow the parties to consider the best approach for navigating the mediation process and achieving a successful settlement. THE MEDIATION CONFERENCE Depending on the parties, the mediation conference may start with a joint caucus, with each party speaking briefly about their positions, goals, and metrics for success. The Mediator guides the parties through the more legally and technically problematic aspects of their disputes in their industry language to find common ground. These discussions, along with the confidential pre-mediation conference evaluations of each party's position, strengths, and weaknesses, allow the parties to continuously evaluate and adjust their positions and settlement options as the mediation conference progresses. At some point, the joint caucus should give way to separate caucusing and the parties will adjourn to separate rooms. The mediator will shuttle between the parties, and “facilitate” the settlement negotiations. Eventually, it will become obvious that a common ground can be reached, and the final push to achieve a settlement will be completed. From there, counsel will exchange settlement agreements for signature. POST- MEDIATION CONFERENCE IF NECESSARY While the majority of the mediations that settle are reflected in settlement agreements executed at the mediation conference, in some cases, the complexities of the dispute and time constraints require the parties to continue their negotiations post-Mediation Conference. In such cases, upon the parties' agreement, the mediator continues in the role of mediator to assist in resolving all remaining issues and reaching a settlement.

Loyola University Chicago School of Law (J.D., Dean's List, Senior Editor of the Journal of the National Association of Administrative Law Judges - 1998); University of Illinois at Urbana-Champaign (M.Arch., Dean's List, Graduate Teaching Assistant, First Place Charles E. Peterson Prize, and First Place Edward C. Earl Prize in Architecture - 1992); University of Illinois Chicago (B.Arch., Dean's List, Distinction in Design, Phi Eta Sigma Honor Society, Golden Key National Honor Society, Pillsbury Travelling Scholarship, and Talent Tuition Scholarship - 1988). L'Ecole D'Architecture et Urbanisme de Versailles, Versailles, France (1985-1986).

Admitted to the Bar: Florida (2001), Illinois (1998). Illinois Licensed Architect (1993).

The Illinois Bar (1998 - Present). The Florida Bar (2001 - Present). The American Institute of Architects (AIA) (1993 - Present). The National Trust for Historic Preservation (1993 - Present).

RECENT AAA PRESENTATIONS AS AUTHOR AND PRESENTER “Stucco: Traditional, Modern / Synthetic & Legal Issues in ADR - The Long History of Imitation,” AAA Construction Panel Roundtable, August 2025. Author and Presenter. “Solar Panel / Power Legal Issues and Opportunities for Arbitrators and Mediators,” AAA Consumer Panel Roundtable, September 2024. Author and Presenter. “Overview of Heat Issues in Commercial and Construction Arbitration and Mediation,” AAA Construction Panel Roundtable, July 2024. Author and Presenter. “Solar Panel Issues in Commercial, Construction and Consumer Arbitration and Mediation,” AAA Commercial Panel Roundtable, March 2024. Author and Presenter. “Construction for Construction Lawyers, Arbitrators and Mediators: H2O and Buildings: Water, Ice and Vapor,” AAA Construction Panel Roundtable, July 2023. Author and Presenter. PUBLICATIONS. Has published numerous law and construction trade journal articles, most recently the following: "Replacing the Secretary's Standards," Traditional Building Magazine, April 2013; "Mediation and Arbitration 101 for Architects, Engineers and Contractors," Licensed Architect (ALA), March 2011; "New Services for Architects: Helping Clients Discover Ways to Pay for Historic Rehab Projects," Licensed Architect (ALA), September 2010; "Land Use - Historic Preservation Law," Illinois Institute for Continuing Legal Education, 2004/2006; "Proposed Revisions to the ADA," Retail Law Strategist, October 2004; "Minimizing the Risk of ADA Lawsuits," Heartland Real Estate Business, January 2004. SPEAKING ENGAGEMENTS. Has spoken at local, state, national and international conferences on a variety of design and construction, green building, and historic preservation - related subjects during career, including: "Arbitration and Mediation for Architects," Half-Moon Productions CE seminar, Chicago 2011; “Case Construction: Parallels Between Law and Architecture," NCSBN Keynote Speaker, Chicago 2011; "Beyond Tax Credits for Historic Rehabilitation," Traditional Building Conference, Chicago 2010; "Avoiding Legal Liability When Preservation Goes Green," Traditional Building Conference, Chicago 2010; "Expanding Your Services: Become an Historic Rehabilitation Economic Incentives Consultant," American Institute of Architects - Chicago Chapter Historic Resources Committee, 2010; "The Rise of the Green Building Ordinance," American Institute of Architects - "Renew Tampa" Conference, 2008; "Legal Advocacy Skills for Architects," American Institute of Architects - Chicago Chapter Historic Resources Committee, 2003; "Rehabilitation Economic Incentives," Miami Design and Preservation League, Art Deco Weekend, 2003.

Hourly Rate: Not provided Daily Rate: $3,500.00 Study Rate: $350.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: NO NEUTRAL CANCELLATION FEE: There is no Neutral cancellation fee for Mediation Conferences. NO HOURLY TRAVEL CHARGES BY NEUTRAL. There are no hourly travel charges by Neutral to in-person Mediation Conferences when held the continental United States. NO DIRECT REIMBURSABLE TRAVEL CHARGES BY NEUTRAL. There are no direct reimbursable travel charges by Neutral to in-person Mediation Conferences when held the continental United States. NO NEUTRAL REMOTE CHARGES. When Neutral hosts Mediation Conferences by Zoom, there are no Zoom hosting charges by Neutral to the parties.

English

United States of America

Chicago, Illinois