Mining - Background, experience and qualifications

Mediating since 1991
M.S. in Civil Engineering
Registered Professional Engineer, Colorado, 1975
Experience in mining, oil and gas and resource mediation and arbitration.

Panels:  

CPR Institute on Dispute Resolution

American Arbitration Assn., Energy 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. In addition to law, I have some basic electric engineering training and am a registered professional engineer (civil). As an engineer, I worked in construction scheduling, on site management, change orders, contract oversight, quality control, contract specifications, hydrology and materials science. I have an MS in Civil Engineering from the University of Denver.

Mining. I have worked in disputes involving, among others, the following:

Related topics

Oil and gas

Land

Water

Example engagements

Mediator, mining claim dispute, 2009. Served a mediator in disputes over validity of disputed mining claims.
Arbitrator, dispute over design and construction of coal mining and processing facilities. 2009
Arbitration, Panel Chair, Mining Agreement dispute, 2003 (parties confidential). Joe was asked to serve as panel chair in an arbitration to resolve disputes concerning the effect of environmental enforcement actions on the parties’ mining agreement obligations.
Mediator, Joint venture dispute between mining and non-mining railway traffic, 2002 (parties confidential). Joe was asked by both parties in a joint venture to facilitate discussions of options to improve working relationships among the owners over competing uses for a jointly owned rail line.  He facilitated a discussion of the various options to improve interests of each party and avoid future disputes.
Trial counsel, disputed mining condemnation rights. Served as trial and appellate counsel in Montana dispute over rights to condemn for access to minerals.
Trial counsel, right to stake claims. Served as trial counsel on dispute with State over whether lands were available for location of mining claims.
Trial counsel, contracting mining dispute. Trial counsel in dispute over claimed breach of contract mining dispute for industrial minerals.
Trial counsel, dispute over geologic data. Trial counsel over disputed access and possessory rights to core samples.

Legal Counsel (1978-2001). Joe was legal counsel for various entities in mining and mineral disputes including coal, precious metals (gold, silver, zinc), industrial minerals, exploration agreements, rights to geophysical data, option agreements, the validity of mining claims. As a result, Joe gained expertise in mining disputes including underground mining, mining location and claims, open-pit mining, exploration, royalty calculations, and transportation of minerals. 

Natural Resources/Mining presentations or associations
Improving ADR in Natural Resource and Energy Disputes, Colorado Bar Natural Resource and Energy Section meeting, March 2004, Denver .
Negotiating and Drafting Agreements-Lessons from the Courthouse, 41 Proceedings of the Rocky Mountain Mineral Law Institute 4-1 (1995).

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