Mediator Resume

Gene Commander Inc - President

Arbitrator, Mediator, ADR Advisor, and Executive-level Business Counselor to the Legal Profession.

President, Gene Commander Inc, 2015 - Present; Shareholder, Polsinelli PC, 2000-2015 (formerly known as Polsinelli Shughart PC, 2009-2013, and Shughart Thomson & Kilroy PC, 2000-2009); Member, Hall & Evans LLC, 1981-2000; Associate, Smith Petersen Beckman & Willson, 1977-1981.

Over 35 years construction law experience advising owners and developers, design professionals, general contractors, EPC contractors, design-builders, and subcontractors on the business of construction, contract negotiations, and project claims, including litigation and arbitration arising from international projects and commercial transactions. Named Best Lawyers 2016 Denver Lawyer of the Year in field of construction law. Recipient of Engineering News-Record's 2015 Mountain States Legacy Award. COMMERCIAL Experience includes business-to-business disputes between publicly traded, closely held, and family-owned companies - including family feuds in excess of $70 million from decades of business dealings involving limited partnerships, limited liability companies, family trusts, and probate proceedings - with allegations of breach of fiduciary duty, self-dealing, fraud, collusion, undue influence, conversion, and securities violations seeking damages and equitable relief through UCC Article 9, replevin, foreclosure, bankruptcy, accounting, specific performance, and interpleader proceedings. CONSTRUCTION Experience includes delay, acceleration, lost productivity, cost overrun, design error, construction defect, and supply chain disruption claims. * Infrastructure: interstate highway/tollway, bridge, airport runway, railway, earth dam/reservoir, heavy civil, water/wastewater, and multimodal transit. * Industrial: renewable/green/solar/wind and petroleum fired power generation & distribution, wind energy research & development, oil & gas production, automated high-grade gold ore milling, computer chip/plastic injection mold/concrete block manufacturing, telecommunications, and data centers. * Public/Private: schools, higher education, rapid transit, stadium/sports facilities, zoo, criminal justice/detention facilities, community center, and religious. * Commercial: medical, healthcare, high-rise office, retail, mixed use, hospitality, resort, convention center, and hotel. * Residential: high-rise apartment and condominium, townhome, custom single-family, and subsidized low income/senior multi-family housing. REAL ESTATE Experience includes claims from development agreements, purchase agreements, promissory notes, deeds of trust, personal guarantees, property management agreements, listing agreements, commercial leases, HUD audits, appraisals, irrevocable family trusts, jointly owned property separation agreements, contested wills and probate, limited partnership agreements, private offerings, historic preservation tax incentives, surface/storage water rights, reservoir/ditch company agreements, oil & gas production agreements, and Comprehensive Environmental Compensation Liability Act (CERCLA). LAW FIRM MANAGEMENT Experience includes partner/shareholder disagreements, fiduciary duty claims, ethical violations and professional misconduct, and attorney-client disputes from decades of leadership/ownership roles in regional and national firms. Served on management team for mid-sized litigation firm early in his career and as managing shareholder in Denver office of Polsinelli PC, an Am Law 100 firm, from 2011-2015, during rapid growth in number of attorneys, breadth of services, revenue, and facilities via successful nontraditional staffing, organic growth, lateral hires, and M&A. INSURANCE & REINSURANCE Experience includes disputes with London-based syndicates, domestic surplus lines, sureties, and home warranty companies involving claim handling/duty to defend obligations and coverage issues arising under commercial liability, product liability, excess liability, professional liability, and builder's risk insurance policies, and claims under reinsurance treaties, homeowner warranty agreements, and performance, payment, bid, and completion bonds involving contractor and developer defaults.

Experience includes service as the mediator in traditional and customized alternative dispute resolution proceedings, including a med-arb proceeding involving a variety of construction, real estate and commercial disputes.

Experience with a variety of claims: - Bid mistakes, cost overruns, differing site conditions, delays, acceleration, lost productivity and contract termination - Design and construction defects, and mold abatement - Prompt payment, trust fund violation, mechanic’s lien foreclosure and bankruptcy proceedings, and sales and use tax - Fraud and misrepresentation.

The settlement of complex construction and commercial disputes requires a thoughtful and proactive approach, which should be customized case by case to meet the unique needs and requirements of the parties. The mediator should be engaged early in the dispute resolution process to (1) become familiar with counsel, the parties, and the key factual and legal issues surrounding the parties’ dispute; and (2) identify the availability of insurance coverage, surety bonds, and any other potential sources of recovery. The prompt, good faith pre-mediation exchange of critical evidence (e.g., project and accounting records) followed by open lines of communication between the mediator, counsel, parties, experts, and insurers will help narrow the issues for the decision makers and contribute to a highly productive and cost-effective formal mediation conference. The mediator should be prepared to participate in an evaluative manner, set reasonable expectations and encourage a practical evaluation of the parties’ claims, defenses, damages and cost-effective chances of recovery. The mediator must be a good listener with the patience and flexibility to allow the dispute resolution process to evolve through the combined efforts of all participants, and the mediator must possess the instincts and judgment to envision a path to settlement; even if that requires the development of a new strategy during the formal mediation conference to keep the negotiations working towards a successful conclusion.

Available for in-person and virtual hearings.

University of Iowa (JD, with distinction-1977); Iowa State University (BA, Architecture-1975).

Admitted to the Bar: Iowa (1977), Colorado (1981); U.S. District Court: District of Colorado (1981); U.S. Court of Appeals, Tenth Circuit (1981).

College of Commercial Arbitrators (Fellow and Recruitment Committee Member); American, Colorado (AI & Innovation Task Force Member), and Denver Bar Associations; Colorado Women's Bar Association; Colorado LGBT Bar Association; Colorado Hispanic Bar Association; Sam Cary Bar Association; Asian Pacific American Bar Association of Colorado; and National Conference of Women's Bar Associations (GOOD Guys Committee). Also has distinguished resume of prior community engagement, including Construction Education Foundation of Colorado (Board of Directors); Associated General Contractors of Colorado (Board of Directors); Mayoral appointment to Denver Urban Renewal Authority (Board of Commissioners); and Downtown Denver Partnership (Chairperson).

Recent Business of Law Publications: Smart Growth Strategies for Midmarket and Smaller Law Firms, Attorney at Work (December 6, 2025) Managing Disruptive Change in the Age of AI, Colorado Lawyer (December 2025). Capitalizing on a Magnetic Workplace Culture: 5 Growth Strategies for Law Firms, Attorney at Work (July 29, 2025). Talent-Driven Law Firm Mergers: A Smart Growth Strategy for Firms of All Sizes, Attorney at Work (June 5, 2025). Leveraging Agile Career Strategies to Retain Women Lawyers, Attorney at Work (March 27, 2025). Law Firm Talent Development: Rebooting Career Advancement Strategies, Attorney at Work (March 5, 2025). AI in Law Firms: The AI Revolution in the Business of Law, Attorney at Work (January 21, 2025). Reimagining Talent Development: An Essential Investment in the Business of Law, Colorado Lawyer (December 2024). Smart Growth Strategies for Law Firms: Essential Investments in an Evolving Industry, Attorney at Work (November 20, 2024). Strategic Slowness: A New Mantra for Law Firm Leaders, Attorney at Work (August 14, 2024). Dismantling the Obstacles Facing Mothers in Law Firms, Law Week Colorado (June 27, 2024). Supporting and Retaining Mothers in Law Firms, Law Week Colorado (May 27, 2024). Adjusting to the Hybrid Work Paradigm, Colorado Lawyer (April 2024). Announcing the State of the Solo Survey Results, Law Week Colorado (March 29, 2024). Strategic Slowness: A New Planning Lens for Law Firms, Law Week Colorado (March 6, 2024). Building Successful Hybrid Workplaces in Law Firms, Law Week Colorado (November 28, 2023). Talent Strategies for the Well-Being of Colorado Law Firms, Colorado Lawyer (November 2023). Building a Foundation for Growth in 2024, Law Week Colorado (October 12, 2023). A Laudable Approach to Promoting Diversity in the Legal Profession, Law Week Colorado (August 15, 2023). Announcing the State of the Law Firm Survey Results, Law Week Colorado (June 30, 2023). Women Lawyers in Colorado Grow in Ranks, Law Week Colorado (June 5, 2023). Introducing the State of the Law Firm Survey, Law Week Colorado (May 18, 2023). Staying Ahead of the Talent Curve- Part 2, Colorado Lawyer (April 2023). Staying Ahead of the Talent Curve- Part 1, Colorado Lawyer (March 2023). Smart Growth in Action: M&A 101, Law Week Colorado (March 15, 2023). Smart Growth in Action: Law Firm M&A, Law Week Colorado (February 17, 2023). Succession Planning: Time is of the Essence, Law Week Colorado (November 25, 2022). Protecting Law Firm Investments in Human Capital, Law Week Colorado (August 8, 2022). Staying Ahead of the Succession Planning Curve, Colorado Lawyer (April 2022). Recent Arbitration Publications: SCOTUS Applies FAA to Empower Businesses and Arbitrators, Colorado Lawyer (Aug/Sept. 2019). Making the Economic Case for Mandatory Binding Arbitration, Colorado Lawyer (May 2018). Recent Business of Law Speaking Engagements: Panelist, Business Law Institute, CBA-CLE (September 2025). Panelist, El Paso County (CO) Bar Association (April 2025). Speaker, Association of Legal Administrators - Mile High Chapter (March 2025). Speaker, Association of Legal Administrators - Mile High Chapter (August 2024). Moderator, GOOD Guys, National Conference of Women's Bar Associations (August 2024). Speaker, Colorado Attorney Mentoring Program (July 2024). Speaker, Rocky Mountain Conference, American Bankruptcy Institute (June 2024). Moderator, Solo/Small Firm Program, Law Week Colorado (April 2024). Speaker, Smart Growth, Pitkin County (Colorado) Bar Association (January 2024). Speaker, 5th Annual Colorado Solo-Small Firm Institute, CBA-CLE (September 2023). Speaker, Colorado Supreme Court Well-Being Recognition Program, CBA-CLE (September 2023). Panelist, Rock Star Mentors, Colorado Women's Bar Association (August 2023). Panelist, GOOD Guys, National Conference of Women's Bar Associations (August 2023).

Charges for travel expenses waived in all cases with a minimum of five in-person hearing days conducted in Arizona, California, Oregon, Washington, Hawaii, and Alaska.

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No charges for travel time. Travel expenses waived in all cases conducted in Metro Area- Denver, CO. Except for cases conducted in the states noted above, travel expenses are charged in all other cases conducted outside Metro Area- Denver, CO, including airfare, ground transportation, rental car, parking, meals, lodging, and expedited shipping.

English

United States of America

Aurora, Colorado