Experienced Mediator and Arbitrator
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 has more than 35 years of legal and ADR experience handling local, national and international business disputes as a client advocate. He has been a member of the American Arbitration Association’s roster of commercial and construction neutrals for more than 25 years. Gene has earned a distinguished resume of awards and accolades from across the legal and construction industries, with a strong reputation among clients, industry peers and community leaders.
After decades of experience as an attorney representing clients from virtually every sector of the real estate development and construction industries, Gene established his commercial mediation and arbitration firm in 2015 to leverage his combined professional experience as a client advocate and third-party neutral. Gene provides customized mediation and arbitration services to businesses involved in alternative dispute resolution proceedings administered privately and through the American Arbitration Association. Gene previously served as the Denver office managing partner for Polsinelli PC, a Kansas City-based Am Law 100 national law firm, where his practice focused on the representation of project owners, general contractors, design-builders and construction managers involved with 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 alternative dispute resolution forums. His experience includes United States litigation and arbitration arising from international business transactions and projects located in Canada, Honduras and the Republic of the Marshall Islands. Today Gene focuses on helping businesses avoid or successfully resolve commercial disputes involving real estate, construction, insurance and related E-discovery matters.
Gene has been a member of the American Arbitration Association’s roster of neutrals for more than 25 years. Gene has served as a mediator, med-arb neutral, sole arbitrator, panel member, panel chairperson and R-7 arbitrator in more than 120 disputes, with claims totaling in excess of $40 million in one case. Gene provides mediation and arbitration services to resolve commercial disputes between businesses operating across the wide-ranging real estate development and construction industries (as well as other commercial industries), which are well positioned to benefit from a swift and less costly ADR process when compared to traditional civil litigation.
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.
Gene’s professional accomplishments have been recognized by Engineering News-Record as the ENR Mountain States 2015 Legacy Award recipient and by The Best Lawyers in America as the 2016 Construction Law “Lawyer of the Year” in Denver. Gene has also been recognized by The Best Lawyers in America for construction law (2005-2016), Chambers USA: Leading Lawyers for Business for real estate (2014-2015) and Denver Business Journal’s “Power Book” finalists for the legal profession (2008 and 2011). Gene received the 2014 Honorary Partner Award from the Downtown Denver Partnership.
Gene has been a member of the American Arbitration Association’s roster of neutrals for more than 25 years, and he is currently qualified to serve as a mediator and arbitrator for large, complex commercial and construction cases, R-7 arbitrator for joinder and consolidation disputes, E-discovery special master for arbitration and litigation, and dispute resolution board (DRB) panel member.
Gene’s professional involvement includes Fellow, College of Commercial Arbitrators; Fellow, American College of E-Neutrals; Associated General Contractors of Colorado; Colorado Bar Association (Construction Law Section, ADR Section); American Bar Association (Forum on Construction Industry and Section of Dispute Resolution); AAA Panel Member.
University of Iowa, Juris Doctor (J.D.), Law Iowa State University, Bachelor of Arts (B.A.), Architecture
Gene has written articles for construction industry publications over the years, including Engineering News-Record; The Colorado Lawyer; Colorado Construction; Colorado Real Estate Journal; and On-Site, a publication of the Associated General Contractors of Colorado; and Law Week Colorado. His most recent works include “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).