Experienced Arbitrator, Mediator and DRB Panel Member
Gene Commander Inc
Areas of Expertise:
✔ Commercial/Business ✔ Condominiums
✔ Construction ✔ Contract Disputes
✔ Debt/Foreclosure ✔ Engineering
✔ Family Businesses ✔ Industrial
✔ Insurance ✔ Joint Ventures
✔ Land Use/Planning ✔ Landlord/Tenant
✔ Mining ✔ Non-profit Organizations
✔ Partnerships ✔ Professional Liability
✔ Professional Malpractice ✔ Professional Negligence
✔ Real Estate ✔ Transportation
Gene delivers experienced business-to-business alternative dispute resolution (ADR) for complex commercial disputes involving real estate, construction, law firm operations, insurance and related e-discovery matters. He has served as a mediator, med-arb neutral, sole arbitrator, panel member, panel chairperson, emergency relief arbitrator, R-7 arbitrator and dispute resolution board (DRB) panel member in more than 200 disputes, with claims totaling in excess of $40 million in one case.
Gene has earned numerous awards and accolades from across the legal, ADR, real estate and construction industries while developing a strong reputation among clients, industry peers and community leaders.
After more than 35 years of experience as an attorney representing clients from virtually every sector of the real estate development and construction industries, Gene Commander established his own commercial arbitration and mediation firm in 2015 to leverage his combined professional experience as a client advocate and third-party neutral. Through Gene Commander Inc, he provides customized arbitration and mediation services to businesses involved in ADR proceedings.
Gene previously served as the Denver office managing partner for Polsinelli PC, a Kansas City–based Am Law 100 national law firm. His practice focused on representing project owners, general contractors, design-builders and construction managers who were involved in public and private projects, with many of his clients listed in Engineering News-Record’s “Top 400 Contractors.”
During his legal career, Gene handled complex litigation and arbitration before state and federal courts, arbitration panels, government agencies and a variety of ADR forums. His experience includes U.S. litigation and arbitration arising from international business transactions and projects located in Canada, Britain, Honduras and the Republic of the Marshall Islands.
Gene has been a member of the American Arbitration Association’s (AAA) roster of neutrals for more than 20 years.
Gene provides arbitration and mediation services to resolve business-to-business disputes within industries that are well positioned to benefit from a swift and less costly ADR process compared with traditional civil litigation.
- AAA Construction Conference, 2019
- AAA/ICDR/AAA Mediation.org Panel Conference, 2019
- Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018
- Advanced Mediator Training Series: Managing the Dynamics of a Multi-Party Case, 2018
- AAA Construction Conference, 2018
- AAA Red Flags & Risk Areas: Challenges to Arbitrator Authority (ACE014), 2017
- AAA Consolidation and Joinder Issues in Construction Arbitration, 2017
- ACESIN Arbitrating in a Digital World: Fair and Expeditious Management of Electronic Discovery, 2016
- AAA Dealing with Difficult Attorneys in Arbitration (ACE013), 2016
- AAA ADR and Emerging Technologies: The Future Has Arrived, 2016
- AAA Construction Conference — Keeping Arbitration Lean, 2015
- AAA Conducting Research & Investigations: The Arbitrator’s Authority, 2014
- AAA Webinar, Interim Awards, Partial Final Awards and Functus Officio Doctrine: Tailoring Flexible Accessories to Suit a Strict Doctrine, 2014
- AAA Webinar, Developments in Arbitration Law: Disclosure, Vacatur, Sanctions, and Arbitrator Authority, 2013
- AAA Webinar, Recovery of Legal Fees and Costs in Arbitration: The What, When, Where, Why and How, 2011
- AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011
- AAA Spring Construction Conference, Mediation: It’s Not New, So What’s Next?, 2011
- AAA/CDOT/DRBF Dispute Resolution Boards: Early-Stage Dispute Resolution for Construction Projects, 2010
- CBA Alternative Dispute Resolution Section, Intro to Mediation, 2007
- AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006
- AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005
- AAA Arbitrator Ethics & Disclosure (ACE003), 2004
- AAA Arbitrator Update, 2002
- AAA Construction Arbitrator II Training, 2002
- AAA Commercial Arbitrator Training, 1999
- AAA Construction Industry Arbitrator Training, 1997
- 2019: Best Lawyers® Lawyer of the Year in the field of arbitration for Denver.
- 2017: Invited to join the American College of e-Neutrals (ACESIN) as a distinguished Fellow. The recognition signifies meeting national standards in both ADR and e-discovery.
- 2016: Best Lawyers Lawyer of the Year in the field of construction law for Denver.
- 2015: Engineering News-Record’s ENR Mountain States Legacy Award.
- 2014-2015: Included in Chambers USA’s list of leading Lawyers for Business in the real estate category.
- 2014: Honorary Partner Award from the Downtown Denver Partnership (DDP) for exhibiting strong leadership and engagement in DDP for a period of more than 10 years.
- 2008, 2011: Recognized by the Denver Business Journal as a top 10 Power Book Award finalist for the legal profession.
- 2006-2015: Included in 5280 magazine’s list of Colorado Super Lawyers.
- 2005-2016: Included in Best Lawyers’ annual “The Best Lawyers in America” listing in the construction law category.
Gene has been a member of the AAA’s roster of neutrals for more than 20 years. Gene delivers experienced business-to-business ADR for complex commercial disputes involving real estate, construction, law firm operations, insurance and related e-discovery matters. He is currently qualified to serve as an arbitrator and mediator for disputes ranging from large, complex commercial and construction cases to consumer cases. He is also qualified to serve as an arbitrator in R-7 joinder and consolidation cases, as a DRB panel member, emergency relief arbitrator and as an e-discovery special master in arbitration.
Gene’s professional involvement includes: Fellow, College of Commercial Arbitrators; Distinguished Fellow, ACESIN; Board Member, Construction Education Foundation; Member, Associated General Contractors of Colorado (AGC/C); Member, Colorado Bar Association (Construction Law Section, ADR Section); Member, American Bar Association (Forum on Construction Industry and Section of Dispute Resolution); and Panel Member, American Arbitration Association.
Gene’s leadership extends beyond business and into the community. His distinguished credentials of city-building engagement include, most notably, his 2016 mayoral appointment to the Denver Urban Renewal Authority board of commissioners.
Gene serves as a founding board member of the Construction Education Foundation, which was established by the AGC/C to promote construction workforce development opportunities for high school students, veterans and young adults throughout Colorado. He has a longstanding relationship with and has previously served as a board member of AGC/C.
University of Iowa, Juris Doctor (J.D.), Law
Iowa State University, Bachelor of Arts (B.A.), Architecture
Gene’s most recent works include “SCOTUS Decision Applies FAA to Empower Businesses and Arbitrators” in The Colorado Lawyer, August/September 2019; “Proactive Dispute Resolution Strategies Can Save Time, Money” in Colorado Real Estate Journal, June 2018; “Making the Economic Case for Mandatory Binding Arbitration” in The Colorado Lawyer, May 2018; and “Satisfying the Need for Qualified E-Neutrals” in Law Week Colorado, April 2017.
He has also written articles for construction industry publications over the years, including Engineering News-Record, The Colorado Lawyer, Colorado Construction, Colorado Real Estate Journal, Law Week Colorado and On-Site, a publication of the AGC/C.