Mediator Resume

Trial judge focused on efficient and effective case management for 20 years in state courts of diverse jurisdiction including public and private disputes involving assets valued as high as $50 million, construction defect claims, landlord-tenant, libel, slander, breach of contract, interference with contract, contracts, personal injury claims, boundary and easement claims, civil rights, and intergovernmental agreements. Private practice litigator for 20 years before state and federal courts including death penalty cases, real property issues, general civil disputes and appeals before the Colorado Court of Appeals and Colorado Supreme Court.

Land and Water Dispute Resolution Services, L.L.C. - Managing Member

Retired District Court Judge, Mediator, Facilitator, Arbitrator, Attorney

Managing Member, Land and Water Dispute Resolution Services, L.L.C., 2023-Present; Senior Special Counsel, Hamre, Rodriguez, Ostrander and Prescott 2023-2026; District Court Judge, Eighteenth Judicial District, 2016-2023; Magistrate, Eleventh Judicial District, Custer County, Colorado, 2015, County Court Judge, Eleventh Judicial District, Custer County, Colorado, 2003-2015; District Attorney, Fifth Judicial District, Colorado (Deputy1984-1988, Elected 1989-1997); Of Counsel, West, Brown and Huntley, P.C., 2015; Of Counsel, Hamre, Rodriguez, Ostrander & Dingess, P.C., 2012-2015; Attorney, Law Office of Peter F. Michaelson, P.C., 1997-2015; Deputy District Attorney, Summit County, Colorado, 1984-1988; Attorney, Private Practice, 1982-1984; Intern, Colorado Attorney General, Water Law Department, 1981; Intern, Sierra Club, 1981; Law Clerk, Law Office Of J. Wallace Wortham, 1980-1982; Writer, SERI, "Solar Energy Law Reporter," 1979-1980; Sole Practitioner, Home Maintenance General Contractor, 1975-1978.

Real Property and Land Use: Experience in resolution of disputes involving planning, zoning, development, right of way easements, conservation easements and related tax credit sales, boundary disputes, condemnation, land and water acquisition and transfer, common interest communities, covenant and deed restrictions. Rural, Ranch and Agriculture: Experience in resolution of disputes from agistor's liens and fencing issue, to zoning conflicts, involving large (over 60,000 acres) and small (5-35 acre subdivision parcels) concerning business, fencing, livestock, equestrian, and agricultural interests in Colorado, Minnesota, Arizona and California. Personally built and managed a 160 acre horse, cattle and hay property. Construction: Experience in resolution of disputes involving mechanic's lien, Miller Act and residential as well as commercial construction defect cases. Contracts: Experience resolving disputes involving the Colorado Trade Practices Act, Colorado Consumer Protection Act, non-compete, breach of contract, negligence, breach of express and implied warranty, delay claims, theft of trade practices claims as well as commercial contracts. Natural Resources: Experience in resolution of environmental hazard issues involving local, state and national (EPA) agencies as well involving wildlife habitat, and landowner conflicts with state and federal agencies. Awards and Honors: Colorado Judicial Department 15-year Service Pin (2018); Summit County District Attorney’s Annex Dedication (1999); NAWEOA Annual Appreciation Award (1997); Colorado Wildlife Federation chairman (1994-1997) and recipient of CWF Appreciation Award (1997); Colorado Cattlemen's Association, Livestock Officer of the Year (1995); Who’s Who in American Law (1991); NDAA environmental crimes trainer (1994-1997); CDAC environmental prosecution task force leader.

Represented parties in dozens of mediations, and participated in binding arbitration proceedings since 1982. Acted as a professional mediator in hundreds of cases including through the Colorado Office of Dispute Resolution. Facilitated settlement during pretrial proceedings as a judge in hundreds of cases, and as a settlement judge in scores of domestic relations cases. ADR Training: Forty Hour Mediation Seminar (CLECI 2004); Annual Colorado ADR Conference (2006-2015); Annual Colorado Judicial Conference (2016-2022); A Review of Ethical Issues in Mediation (December 2023); 17th Annual Colorado ADR Conference (October 2023); Collaborative Law & Other Cooperative Paradigms (September 2023); 18th Annual Colorado ADR Conference (October 2024) Metro Volunteer Lawyers 2024, Volunteer Mediator of the Year award.

I use facilitative mediation and evaluative mediation techniques, whether in a group setting or through the shuttle process depending on the requests of the parties and the likelihood of success. My goal is resolution; the method is not the driver of my mediation sessions. I am a focused and effective mediator with a view from both the bench as well as the bar. I use all forms of mediation but am willing to offer my opinions about my view of outcomes and strength of claims and defenses.

Proficient with ZOOM, Word, WordPerfect, Adobe PDF, and Excel. Very comfortable using technology - especially AAA tools and ZOOM for hearings - to increase efficiency.

University of Denver, College of Law (J.D., Natural Resources Emphasis-1982); Pennsylvania State University (B.A., American Studies, with distinction-1979). Recent seminars attended include: 19th Annual Alternative Dispute Resolution Conference, New Rules for Attorney’s Engagement Letters, Immigration Issues in Family Law, Agrivoltaics - Growing Opportunity in Colorado, Mediation and Arbitration for Consumer Law, Preparing for Mediation, AI & Ethics Unleashed: Navigating Use of Generative AI in Your Legal Practice, and Prosecutorial Independence and the Rule of Law

Admitted to the Bar: Colorado (1982), Minnesota (inactive); U.S. District Court: District of Colorado; U.S. Supreme Court.

Colorado Bar Association (ADR and Agricultural Sections); Sam Carey Bar Association; Mediation Association of Colorado; Arapahoe County Bar Association. American Bar Association (Law Practice Division; Dispute Resolution Division). Colorado Bar Association Legal Fee Arbitration And Mediation Committee.

Publications: “Cultural Norms and Judicial Subjectivity: Lessons from the Domestic Relations Bench” Trial Talk (Colorado Trial Lawyers Association) January - March 2022; “If You want My Time, Please Use It Well” CBA-Family Law Section Newsletter (2019) "Good Faith and the Duty of Disclosure," 44 Colo. Lawyer No. 8, p.41 (2015); Author, Two Shots, a novel, (2015); Point Source, a novel, (2014); “The San Luis Valley Wetlands Strategy” CDNR (2000); “The Need for Local Environmental Task Forces,” 29 The Prosecutor No. 5 (1995); “Using Local Police Powers to Protect the Environment,” 24 Colo. Lawyer 1063 (May 1995); The Colorado Livestock Law Manual, Brand Iron Books (1992); “Justice Delayed is Justice Denied,” 21 Colo. Lawyer 2197 (October 1992); “A DUI Primer,” 16 Colo. Lawyer 2179 (December 1987). Speaking Engagements: 2021 Annual DR and Probate Training, Effective Domestic Relations Case Management; 2020 Effective Case Management, Annual Judicial Conference; 2020 Effective Domestic Relations Case Management, CBA-Family Law Annual Training; 2019 CBA DR/PR Institute presentation; 2018- 2019 MDIC Panelist; 2018 CBA- Family Law Fall Update: Admitted! Denied!” A Judge’s Panel Ruling on Common Exhibits; 2018 CBA- Family Law Spring Update: A Court’s Decision to Allow or Deny a CFI or PRE Report When Requested - Panel; 2017 Family Law Institute: The Sworn Financial Statement - Panel 2017 Annual Judicial Conference, Panel Moderator: “Mutual Respect Between Bench and Bar” Session; 2017 Annual Judicial Conference, Criminal Law Roundtable Moderator; 2017 DCJA Mid-Year Meeting, “Felony DUI”; 2015 Annual Judicial Conference, “Mutual Respect Between Bench and Bar” Session; 2014 COIFE Lecturer, “Mutual Respect Between Bench and Bar”; 2003 Guest Speaker, The Colorado Judicial System, Custer County community groups; 1997 Keynote Speaker, NAWEOA Annual Conference; 1992-1997 Lecturer, Colorado District Attorney's Council, Environment Prosecution; 1994-1997 Lecturer, National District Attorney's Association, Local Environmental Prosecution; 1996-1997 Adjunct Faculty, Environmental Activism, Colorado Mountain College - Summit County; 1992-1995 Instructor, Use of Force, CDOW Training Academy.

Hourly Rate: Not provided Daily Rate: Not provided Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Jefferson, Colorado