Real property disputes - experience and qualifications

Mediating since 1991
M.S. in Civil Engineering
Registered Professional Engineer, Colorado, 1975
Experience in real property disputes  in mediation, litigation and arbitration.

Panels:  

CPR Institute on Dispute Resolution

American Arbitration Assn., Denver Panel

Panel, U.S. Institute for Environmental Conflict Resolution

General experience. I have been working in ADR since my initial mediation training in 1991, and also began service as an arbitrator at that time. When possible, I seek to work with parties in the earliest stages of the conflict – to preserve relationships, avoid further damage and maximize opportunity for gain.

Real property subjects. I have worked in disputes involving, among others, the following:

The following are example real property engagements: 

Arbitrator, land sale and development dispute, 2008. 

Land use - Mountain Community, Private land owners, 2006. Mediated a solution to a public land, river access disputes among a Colorado Municipality and several landowners concerning historic rights of way, land title, river access and recreation easements leading to a comprehensive settlement agreement.

Condemnation value. In 2005, I was asked by the Department of the Navy, Department of Justice and private water company to mediation disputes of the assets taken in a military base expansion. The mediation resulted in a process that settled 10 pending disputes over valuation.

As a litigator, I participated in condemnation matters of value of property taken, public need and rights of way/public access.

Lease dispute. A lessor and lessee asked me to mediate a dispute over breach of lease and to help them find options for a long term global solution – and resulted in a purchase of the property by the lessee.

Joint ownership of property. Co-owners of a right of way asked me to create a mediation process that would address substantial conflict over disparate and competing property uses.

Land access rights. Six agencies (federal, state and local) and several citizens asked me to mediate a pending court case over competing land access rights, and conflict between local and federal land rights. This resulted in a proposed agreement for future land use.

Litigation. I have litigated many real property issues including zoning, valuation in taking, government survey error, split estates, competing mineral uses, public vs private roads and environmental actions and compliance.

Copyright 2007-08 JP McMahon