Mediator Resume

Retired Chief Judge of the Colorado Court of Appeals, with substantial employment law experience before joining the bench, and extensive judicial leadership experience. Eighteen years as an employment and commercial litigator, bringing experience as (1) a trial attorney representing individuals and corporations, (2) an in-house counsel, and (3) a large law firm partner, followed by (4) 21 years as a Court of Appeals Judge, handling thousands of civil cases and authoring over 1700 opinions. Drawing on extensive experience in both private practice and judiciary, is known for thoughtful preparation, balanced judgment, and commitment to fair and efficient dispute resolution. Available nationwide for in-person, virtual, and hybrid.

Gilbert M. Román Román Dispute Resolution LLC

Arbitrator, Mediator

Independent Arbitrator/Mediator, Román Dispute Resolution LLC, 2026 - Present; Chief Judge of the Colorado Court of Appeals, 2022 - 2026; Judge, Court of Appeals, 2005 - 2026. Partner, Rothgerber, Johnson & Lyons LLP (now Womble Bond Dickinson), 2002 - 2005; Independent Arbitrator and Mediator, 2002 - 2005; In-House Counsel (labor and employment), Kaiser-Hill Corporation, 2001 - 2002; Partner, Roman, Benezra & Culver, LLC, 2001 - 1994; Partner, Feiger, Collison & Killmer, LLC, 1994 - 1989; Associate, Sherman & Howard LLP (now Taft Stettinius & Hollister LLP), 1989 - 1987. Faculty (Judicial Education), Colorado Institute for Faculty Excellence, 2018 - Present; Faculty, National Judicial College, 2017 - Present; Adjunct Law Professor (Employment Law), University of Denver Sturm College of Law, 1992 - 1999; Instructor, National Institute for Trial Advocacy, (NITA) National and Regional skills. Gubernatorial appointment, Colorado State Personnel Board, 1994 - 1998.

Extensive experience in alternative dispute resolution as a trial attorney and neutral in employment law, commercial law, consumer law, and appeals, followed by 21 years as an appellate court judge, participating in three-judge panels, division conferences, and oral arguments, reviewing thousands of briefs and motions, and rendering decisions in nearly 4,000 cases, including over 1,700 authored opinions. A combined 40 years of civil law experience in employment, commercial and consumer law cases demonstrate deep expertise in legal analysis, evidentiary review, and issuance of clear, well-reasoned opinions. Areas of Substantive Experience Employment Law- Serves on the AAA Employment Panel. Extensive experience with employment discrimination, sex and race harassment and retaliation based on gender, race, national origin, age, disability and disability accommodation, religion and religious accommodation; whistleblower claims, wrongful discharge in violation of public policy, constructive discharge; express and implied employment contracts, at-will employment, independent contractor determinations, workers’ compensation issues, wage and hour claims (FLSA), highly compensated individuals, breach of contract, FMLA and related state claims, fraud, noncompete agreements, theft of trade secrets, federal and state employee benefits and ERISA retaliation claims, and traditional labor grievances. Commercial - Serves on the AAA Commercial Panel for large, complex, and expedited cases. Practiced as a commercial litigator for 18 years and as a judge for 21 more years, developing experience in commercial and business disputes involving contract interpretation, real estate leases, landlord tenant disputes, adverse possession, nuisance claims, joint ventures, theft, executive compensation, franchising disputes, partnership disputes, securities-related claims, stock options and valuations, tortious interference, malpractice, venture capital and merger and acquisition, insurance an coverage claims, indemnification obligations, financial services, business formation/governance, shareholder disputes, fiduciary duties, unjust enrichment and trade secrets. Consumer Law and Personal Injury - Practiced as a civil litigator and 21 more years as a judge, gaining exposure and experience in claims for physical injuries, property damage; negligence and intentional torts, product liability, defamation, invasion of privacy, premises liability, insurance coverage and bad faith, health facility serious injury, wrongful death, statutes of limitation, breach of contract and warranty, exculpatory agreements, professional malpractice, defamation, invasion of privacy, and other non-physical torts. Appeals - All civil matters subject to appellate review in courts of competent jurisdiction. Other - Early Neutral Case Evaluations Recognitions Richard Marden Davis Outstanding Attorney Under 40 Award, Denver Bar Foundation Outstanding Young Lawyer Award, Denver Bar Association Outstanding National Attorney of the Year, Hispanic National Bar Association Martindale-Hubbell AV Preeminent Rating Lifetime Achievement Award, Colorado Hispanic Bar Association Selected Chief Judge of the Colorado Court of Appeals by the Colorado Supreme Court Chief Justice based on demonstrated leadership, communication skills, and ability to foster collaboration and consensus.

A former chief judge, and now mediator, applies a primarily facilitative approach, with candid evaluative feedback when the parties want it. Primary practice focuses on resolving complex federal and state employment disputes involving discrimination, harassment, retaliation, wage and hour matters, disability accommodation, leave, and related state contract, statutory, and tort claims. Because of representation of both employers and individuals, offers a balanced and deep understanding of the legal, business, and interpersonal dynamics that drive resolution. Over career, has assisted in resolving hundreds of disputes through mediation and negotiated settlements. In addition, having taught employment law as an adjunct law professor for years, has a deep subject-matter expertise in this area and the ability to communicate complex issues clearly and effectively. Is also a certified coach and serves as a train-the-trainers coach for the National Judicial College. In other words, subject-matter expertise, interpersonal skills, communication skills, and EQ make for a highly effective mediator. Also mediates consumer protection and commercial disputes, including insurance and warranty matters, financial services and securities disputes, fraud and misrepresentation claims, product liability, premises liability, contract disputes, business and partnership disputes, and personal injury matters. Background and interpersonal skills allow effective evaluation of litigation risk, appellate exposure as well as likely outcomes, and effectively communicate them to the parties, which is often critical to successful resolution.

Employment discrimination, harassment, retaliation and wrongful discharge.

My style is primarily facilitative, with a willingness to provide candid, evaluative feedback when appropriate. I am flexible and responsive to the needs of the parties, counsel, and the dispute. I recognize that mediation is a process, not an event, which allows parties to participate in the outcome of their case, and goes beyond rigid rules, focusing on problem-solving. I fully appreciate that active participation makes for a more satisfying experience for clients and their attorneys. I am also empathetic and an excellent listener. I work to build trust with the attorneys and their clients from the beginning in the pre-mediation conferences. I take advantage of my ability to uncover hidden obstacles in pre-mediation conferences. This way, the mediation hearing focuses on facilitating the exchange of meaningful information, testing assumptions, evaluating settlement options against litigation risk, and testing possibilities for resolution. Process - Although flexible, I typically follow this approach. First, I carefully review the parties’ substantive mediation submissions, including key exhibits and applicable law, and I conduct independent research. Second, I conduct pre-mediation conferences to identify goals, motivators, risks, and barriers to resolution, interviewing each side separately before the mediation hearing. I work with both sides to separately assess the strengths and weaknesses of their respective positions. These pre-mediation discussions help lay the groundwork for a productive mediation hearing. Third, once I understand each side’s position thoroughly and empathetically, I commence “shuttle diplomacy” during the mediation, taking care to articulate each side’s viewpoint to the other to advance the negotiations. To foster the mediation process, I may suggest mutually exchanging mediation submissions. I use joint sessions or caucuses, as appropriate, but typically do not open a mediation with a joint session. But my mediation style goes beyond “shuttle diplomacy.” I bring creative thinking, high energy, and a rich collaborative approach to the mediation process. I make myself available to the parties when they need me to maintain the momentum in an ongoing negotiation. Based on my combined experience and years as a mediator, coach, and chief judge, I combine a personal, compassionate, and direct communication approach to the mediation process before, during, and, if necessary, after the hearing.

Conducts in-person, virtual, and hybrid mediations using Zoom, Webex, and Microsoft Teams. Trained on Clearbrief. Accepts electronic and paper submissions.

University of Michigan Law School (J.D.); Colorado State University (B.A.). National Judicial College (General Trial and Appellate Jurisdiction Certificates); National Institute for Trial Advocacy (Participant and Skills Instructor); Emory University (Creative Writing Certificate); Harvard University (Executive Leadership Certificate); Colorado Judicial Branch, (Certified Peer-to-Peer Coach).

Admitted to Bar: Colorado; U.S. District Court: District of Colorado; U.S. Court of Appeals: 10th Circuit; U.S. Supreme Court.

Council of Chief Judges of State Courts of Appeal- Executive Committee National and Colorado Hispanic Bar Associations Colorado and Denver Bar Associations

Publications: Managing Editor, Colorado Appellate Handbook (2025) Co-author, “Colorado Appellate Rules Update” (2022) Speaking Engagements - “Train the Trainer,” week-long presentation in support of the Rule of Law to attorneys in Batumi, Georgia, on behalf of the U.S. State Department and the National Judicial College (2024). Frequent speaker on employment law topics before taking the bench.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $2,000.00/Day Cancellation Period: 7 Days Comment: I also offer a modified flat fee, daily rate of $5,000 as follows: Daily Rate $5,000 Study Rate: $550 The $5,000 daily rate is intended to provide a predictable fee structure in that it includes substantial pre-mediation preparation, review of submissions, exhibits, pertinent legal research, pre-mediation conferences with counsel and parties, and up to eight hours of mediation hearing time. For these daily rate cases, if a matter resolves before the scheduled mediation hearing date, or if the parties cancel, the mediator's time accrued up to that time will be billed at $550 per hour (up to but not exceeding $5,000). Time in excess of a full-day mediation is billed at $500 per hour. *** Travel expenses charged for engagements requiring air travel and overnight hotel stays- coach rate and business hotel rates. All other actual out of pocket expenses. No charge for travel time. A deposit of funds is required one- week before the scheduled date of mediation.

English

United States of America

Denver, Colorado