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The Mediators' Green Pledge outlines measures for mediators to reduce their climate impact. View it here.Managing Principal, The Holt Group LLC, Attorneys & Counselors at Law, Denver, Colorado USA - 2003-present; Director and Shareholder, Ireland, Stapleton, Pryor & Pascoe, P.C., 2000-03; Owner and Attorney, Holt Professional Corporation, 1995-00; Vice President/General Counsel, Construction Management & Technical Services, Inc., 1994-95; Director, PMCA, S.A., 1992-94; President, Bookhardt, O'Toole & Holt, 1988-92; President, Holt & Gebow, Attorneys, 1983-88; Director, Gassman & Holt, P.C., 1981-83; Partner, Durham, Gassman & Holt, 1980-81; Associate, Shank, Irwin & Holmes, 1979-80; Associate, Holland & Hart, 1974-79; Law Clerk, Hon. Preston Devine, Presiding Judge, California First District Court of Appeals, 1974.
Over the last 36 years, has developed extensive experience in analysis and resolution of construction disputes as an arbitrator, mediator, trial lawyer, contract negotiator, and draftsman. Understands the relationship among business principles and concerns, legal principles, tactics/strategy, and financial burdens of construction disputes from an industry professional's perspective. Current law practice focuses on providing legal representation and professional advice to owners, developers, general contractors, architects, engineers, and other design professionals in business and firm operations, contract negotiations, construction disputes, litigation, and administrative claims proceedings in the private and public sectors. Spends approximately 15% of time structuring complex business deals for selected clients. Extensive knowledge and experience with general liability and professional liability insurance coverage, claims procedures, and damage assessment as employed in the construction industry. Possesses particular expertise in the mediation of multi-party construction disputes involving public, political, and quasi-public entities.
In my experience, every mediation is different and the approach taken by the mediator must be individually tailored to each particular situation, lawyers and group of parties. It is the “parties process” so, I start each mediation process with a conference call with counsel for the parties to listen to them and start to develop the approach that I will take for that mediation based upon the nature of the dispute, the status of development of the case, the suggestions and requests of counsel and my perception of the techniques and approaches that are most likely to produce a resolution of the dispute. During the entire process, I use a combination of facilitated fact exploration, coupled with selective and strategic issue, claim and damage evaluation, as appropriate, to nurture and support the parties' settlement negotiations. I also conduct “reality testing”, as appropriate throughout the process. My extensive experience as a neutral, advocate, teacher and contract negotiator allows me to adapt my style on a case-by-case basis to the needs of the parties and the nature of the disputes at issue. I believe that every dispute can be resolved and the mediator must never give up on the process or the parties. My goal is always to achieve a "global settlement" of all issues. However, if it appears that impasse is likely towards the end of the face-to-face process, and a global settlement does not appear achievable, I will settle claims piecemeal and use it as a vehicle for motivating the parties to address and resolve the remaining claims. Finally, if all of the claims do not get resolved during the face-to-face mediation conference, I will always follow up with telephone conferences thereafter. As a mediator, my approach is to aggressively pursue the resolution of the dispute and end the litigation or arbitration process.
Construction and complex commercial disputes.
Hourly Mediation Rate $585 Per Hour Hourly rate applicable to all time incurred including travel, study, preparation, telephone calls and administration. $6000.00 cancellation fee for cancellations that occur within seventy-two (72) hours of the scheduled commencement of the mediation conference.
Past Member, Governing Committee, American Bar Association Forum on the Construction Industry, 2007-2010 Fellow and Member of Board of Directors, College of Commercial Arbitrators ("CCA"), Past President, Contributing Author, CCA Guide to Best Practices for Commercial Arbitrators Member, Executive Committee, Chair, Membership Committee Member, American Arbitration Association, National Construction Arbitrator Master Panel Member, American Arbitration Association, National Panel of Construction Mediators Member, International Institute for Conflict Prevention and Resolution Mediation and Arbitration Construction Panels of Neutrals; Life Fellow, American Bar Foundation; Member, Phi Beta Kappa National Honor Society, Delta of Georgia Chapter (1971); Member, Board of Visitors & Dean's Advisory Council, The Stanford Law School; Trustee, Denver Architectural Foundation; Member, Association for Conflict Resolution; People-to-People International Peace Initiative – Egypt 2007; Member and Committee Secretary, Site Selection Committee for the Headquarters (Cairo, Egypt) and Regional Branch Offices, (Harare, Zimbabwe) of The African Export Import Bank World, African Development Bank, Adijan, Cote D’Ivoire, Western Africa (1993-94); Member, American Bar Foundation Delegation to Russia on the “Rule of Law”, April 2005 and Delegation to China on the “Rule of Law”, October 2006.
Richard "Rick" F. Greenleaf Esquire, rick@greenleafadr.com, (303) 818-2286; Paul C. Drecksel, Esquire, pdrecksel@laytoncompanies.com, (801) 244-8447; Joel D. Heusinger, Esq., JHEUSINGER@woodsaitken.com - (402) 437-8500; William "Bill" Andrews, Esq., wandrews@andrewsmyers.com, (713) 489-8799.
December 6-8, 2021, Construction SuperConference 2021, Orlando, Florida, “How did you like your last construction litigation? Why is arbitration different than litigation?; November 19, 2021 Georgia Institute of Dispute Resolution, “Practicing” Professionalism in Commercial Arbitration – The Mutual Duties and Obligations Owed to the Parties and the Process by the Arbitrator(s); September 29, 2021, American Bar Association, Forum on Construction Law, Regional Construction Conference , Denver, Colorado, “Schedules and Delay, Contract Changes and Differing Site Conditions”; July 2021, American Bar Association, Practice Management Section, Mediation and Arbitration of Real Estate/Construction Disputes; January 2021, Colorado Trial Lawyers Association, "Block Buster21 Seminar - "Arbitration: Perspectives on Using the Process to Your Advantage"; January December 2019, Construction SuperConference, Rancho Palos Verdes, CA, " In Search of Neutrality - Ethical Questions for Neutrals, and for the Advocates Who Select Them"; 2013, American Bar Association, Forum on the Construction Law, The Design Professional’s Guide to Construction Law: "The Design Professional’s Guide to Construction Law", Chapter 9 – “Considerations for Subconsultant and Subcontract Agreements for Design Professionals and Construction Managers” [2022 Update being written] ;”Faculty, AAA/ICDR Neutrals Conference, 2009; College of Commercial Arbitrators Annual Meeting, 2008; Faculty, AAA Construction Mediation Conference: What You Can't Not Know, 2007; Practicing Law Institute, Mediate, Arbitrate or Litigate - Proper Forum Selection for Construction Disputes, 2006; attended AAA Neutrals Conference, 2006, 2003; AAA Arbitrator Ethics & Disclosure (ACE003), 2006; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005; American Bar Association, Structuring and Formatting the Mediation of Complex, Multi-Party, Multi-Issue Construction Disputes, 2005; Colorado Bar Association, Arbitration and Mediation: Current Trends, Effective Techniques, and Expanded Uses for ADR, 2005; AAA, Mediating Construction Disputes Involving Public and Quasi-Public Entities - Selected Issues, Challenges, Techniques and Approaches, 2003; faculty, AAA Neutrals Conference, 2003; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; AAA Arbitrator Update 2001; presenter, AAA Mediator Conference, 2001; AAA Construction Industry Arbitrator II Training: Advanced Case Management Issues, 2001; presenter, AAA Mediator Conference, 2000; presenter, AAA Mediator Retreat, 2000; attended AAA Neutrals' Retreat, 1998; AAA Advanced Construction Mediator Training, 1997; AAA Construction Mediator Training, 1997; AAA Construction Industry Arbitrator Training, 1997; various other ADR training.
April 9, 2010 American Bar Association, Section of Dispute Resolution, 12th Annual Spring Conference, San Francisco, CA, “Six Deadly Behaviors to Avoid in Mediating the Complex Multi-Party Case”, L. Tyrone Holt, The Holt Group, LLC, Denver, CO; Dave Rudy, Just Accord, Inc., Black Forest, CO; William Peters, Esquire, Gordon & Rees LLP, San Francisco, CA (Paper and Presentation); “Whither Arbitration? What Can Be Done to Improve Arbitration and Keep Out Litigation’s Ill-Affects?”, DePaul University Law School, 2009 Arbitration Symposium Chicago, Illinois; Co-editor/chapter co-author, Handbook on Design Professional and Construction Management Liability, ABA Press, 2007; "Making Construction Arbitration 'Better, Cheaper and Faster,'" Practicing Law Institute, March 2007; “Advanced Mediation – Large and Complex Construction Disputes”, American Arbitration Association, 2009 AAA and ICDR Neutrals Conference – Coronado Island Marriott Resort & Spa, San Diego; “Bridging Documents - How Do They Alter the Liability of Design-Build Participants”, G. William Quatman, Esquire, L. Tyrone Holt, Esquire and Bennett Greenberg, Esquire, Design Build Institute of America, 2007 Design-Build Conference & Exposition, Dallas, Texas.
IMI Code of Professional Conduct
IMI Professional Conduct Assessment Process
Colony Insurance Company, 5,000,000 per claim.