Gary L. Cole AIA, Esq., Esq.
444 West Lake Street
Suite 1700
Chicago, IL 60606
Daily Rate $2,750
Current The Law Office of Gary L. Cole AIA, Esq., Attorney & Architect – Principal and Owner

Please Note: is COVID-19 vaccinated and has conducted arbitration hearings and mediation conferences both in-person and remotely by Zoom and similar remote platforms.
Practice Served as Certified Mediator for 11 years.
Cases Mediated and arbitrated over 90 construction and commercial cases.
Languages English
The Law Office of Gary L. Cole AIA, Esq., Attorney & Architect – Principal and Owner

Please Note: is COVID-19 vaccinated and has conducted arbitration hearings and mediation conferences both in-person and remotely by Zoom and similar remote platforms.
AS ILLINOIS AND FLORIDA LICENSED ATTORNEY.
Principal and Owner, The Law Office of Gary L. Cole AIA Esq., 2008 – Present.
In-House and Outside Counsel for Florida Real Estate Developer, The Sembler Company, 2005 – 2008.
Attorney at Winston & Strawn LLP; Seyfarth Shaw LLP; Gunster Yoakley and Stewart P.C.; and D’Ancona & Pflaum, 1998 – 2005.

AS ILLINOIS LICENSED ARCHITECT.
Visiting Associate Professor of Architecture, Graduate School of Architecture at the University of Illinois, 1993 – 2001.
Intern and Licensed Architect at various Chicago and Central Illinois architectural firms, 1985 – 1998.
State of Illinois Historic Preservation Architect, 1992 – 1994.
Owner, Cole Architects 1988 – 1998.
The Riddle Group Architects, 1988 – 2000.
Draws upon dual backgrounds and experience as attorney and licensed architect to provide Certified Mediator and arbitrator services for the AAA’s construction and commercial Fast Track, Regular Track and Large, Complex Construction and Commercial Panels.

Has successfully served as Certified Mediator and arbitrator in over 90 mediations and arbitrations in the Chicago area, Central Illinois and neighboring Midwestern states including Iowa, Wisconsin and Indiana, and has conducted remote mediation conferences via Zoom, including a party attending the mediation conference from Australia. Can serve as Certified Mediator and arbitrator in any location within or outside the United States, either in-person or by Zoom or similar platform.

As Certified Mediator has successfully settled many two-party, three-party and four-party and complex multi-party mediations requiring from 1-5 days of mediation conferences. Has served as arbitrator in disputes requiring 13 days of in-person hearings, and as Chair Arbitrator in Large, Complex Construction arbitrations requiring 6 days of remote hearing via Zoom platform.

PARTIES AND PROJECT TYPES: Served as Certified Mediator and arbitrator for construction and real estate disputes involving lenders, borrowers, developers, owners, architects, designers, contractors, subcontractors, consultants, tenants, landlords, condominium associations and their Declarations of Covenants, Conditions, Restrictions, and By-laws, local governments and federal agencies. Project types have included commercial development, retail facilities, hotels, restaurants, county courthouse and jails, sports facility, federal courthouse, industrial and sustainable energy developments, public school districts and private educational institutions, modular and stick-built mixed-use and mid-rise commercial and student housing, high-rise residential condominium and commercial development, senior community and assisted living developments, multi-family residential, mid-to high-end single family residential projects.

DISPUTED DESIGN AND CONSTRUCTION ISSUE TYPES: Disputed design and construction issues include contract breach and performance issues under American Institute of Architects (AIA) and many other industry-standard and custom construction agreements, as well as claims involving design and construction defects, material and structural failure, change order disputes, uncompleted punch list issues, HVAC performance and failure, plumbing and electrical defects, surface drainage issues, sports facility ice rink refrigeration failure, roofing defects and failure, concrete parking deck defects and failure, water infiltration and damage, wood flooring defects, concrete flooring defects, residential wind load structural defects, code compliance, fraud allegations, scheduling and delay claims, non-payment claims, mechanics liens, cost overruns, concrete and masonry failure, foundation and caisson issues, unforeseen conditions, partnership agreements, intellectual property and related copyright infringement claims, foreclosure, loan modification and asset relinquishment, and a wide range of other design and construction disputes.

DOCUMENTARY AND PHYSICAL EVIDENCE EXAMINATION: As an attorney and architect, has extensive experience preparing and reviewing design, construction industry and real estate documentary evidence, including construction drawings and other contract documents, specifications, project manuals, bid documents, change orders, pay requests, photo-documentary evidence, material samples, critical path and project schedules, expert forensic reports, legal entity formation documents, condominium formation and management documents, purchase and sale agreements, easements and development agreements.
Please see "Experience as a Mediator" section of this mediator resume.
Served as Certified Mediator for 11 years.
Mediated and arbitrated over 90 construction and commercial cases.
Served as an attorney advocate in multi-party mediation involving contractors, subcontractors, material suppliers, public entities and developers. Resolved technically difficult and contentious non-mediation negotiations of construction and accessibility-related disputes by finding common goals and interests, and achieved settlements desirable to all parties.
EVALUATIVE / FACILITATIVE MEDIATION APPROACH

Draws from backgrounds as an experienced construction and real estate attorney, and licensed architect to provide a successful "Evaluative/Facilitative" mediation approach, which includes examining the parties’ pre-mediation conference document submissions to understand and evaluate each party's allegations, arguments and documentary evidence to facilitate the primary goal of parties leaving mediation conferences with signed settlement agreements. Believes that anything less, such as nonbinding writings of settlement intent, are less likely to ensure the timely execution of binding settlement agreements.

CONFIDENTIAL PRE-MEDIATION CONFERENCE STRENGTH & WEAKNESS EVALUATIONS

Prior to a mediation conference, discusses separately and confidentially with each party their positions and goals along with the confidential evaluations of each party's position, strengths and weaknesses based on a review of the parties' document submissions. These discussions allow the parties to consider the best approach for navigating the mediation process and achieving a successful settlement.

During the mediation conferences, guides the parties through discussions of the more legally and technically problematic aspects of their disputes. These discussions, along with the confidential pre-mediation conference evaluations of each party's position, strengths and weaknesses, allows the parties to continuously evaluate and adjust their positions and their settlement options as the mediation conference progresses.

Tailors each mediation’s approach to the details of the dispute and desires of parties and their counsel to achieve the best opportunity for resolution and settlement.
Michael J. Delrahim, Esq., Chicago (312) 475-9900
Sayward Mazur, Esq., New York (212) 745-9579
Lee Bessell, Esq., Miami (561) 795-5256
Colleen Stevenson, Esq., (219) 677-9463.
ACE 22 - Process Essentials for AAA Arbitrators, 2022; ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; AAA Best Practices for Arbitrators in Expedited/Fast Track Arbitrations, 2021; ACE20 Cyber Security: A Shared Responsibility, 2020; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; Game-Changing Arbitration Cases - Impacts On Construction Arbitration, 2018; Arbitrator Performance and Demeanor - Meeting Participant Expectations, 2018; AAA How You Can Make the Most of Mediation's Global Growth, 2017; AAA What Advocates Can Learn From Walking In An Arbitrator’s Shoes, 2016; AAA Game-Changing Arbitration Cases - Impacts On Construction Arbitration, 2015; AAA Webinar, How to Make the Best Use of Arb, 2014; AAA Webinar, Critical Elements of Construction Law for the Non-Attorney Arbitrator, 2013; AAA Construction Professionals Guide to Conducting an AAA Arbitration, 2012; AAA Fundamentals and Best Practices for New Arbitrators, 2010; Center for Conflict Resolution, Foreclosure Mediation Training, 2010; Solomon Productions, Construction Arbitration: Advanced Training, 2010; DePaul University School of Law's Center for Dispute Resolution, 40-Hour Mediator Training, 2009; Solomon Productions, Construction Arbitration, 2008
Admitted to the Bar: Illinois (1998), Florida (2001).
Licensed to practice architecture in Illinois (1993).
The Illinois Bar, The Florida Bar, The American Institute of Architects (AIA).
LEGAL EDUCATION

Loyola University Chicago School of Law (Juris Doctor 1998). Dean's List, Senior Editor of the Journal of the National Association of Administrative Law Judges. Attended Loyola's Rome Center for International Studies in 1997. Received the American Jurisprudence Award for Highest Grade in Comparative International Law.

ARCHITECTURAL EDUCATION

University of Illinois at Urbana-Champaign (Master of Architecture 1992.) Graduate Teaching Assistant, Dean's List, First Place Charles E. Peterson Prize, and First Place Edward C. Earl Prize in Architecture.

University of Illinois at Chicago (Bachelor of Architecture 1988). Dean's List, Graduated with Distinction in Design, Phi Eta Sigma Honor Society, Golden Key National Honor Society, Pillsbury Travelling Scholarship, and the Talent Tuition Scholarship. Attended L'Ecole D'Architecture Et D'Urbanisme De Versailles, France (1985-1986).
Loyola University Chicago School of Law: Dean's List, Senior Editor of the Journal of the National Association of Administrative Law Judges. Also attended Loyola's Rome Center for International Studies, 1997, and received the American Jurisprudence Award for Highest Grade in Comparative International Law and gave impromptu architecture tours of Rome’s classical antiquity to visiting law professors and fellow classmates.

At the University of Illinois at Urbana-Champaign Graduate School of Architecture, was a Graduate Teaching Assistant, was on the Dean’s list and received two first place architecture prizes, one of which was the result of personal ink-on-mylar hand recorded building drawings that won a national historic building documentation competition. Those drawings are permanently archived at the United States Library of Congress's Historic American Building Survey (HABS) collection.

In 1993, the year after receiving his Master of Architecture, was invited back by the University of Illinois at Urbana-Champaign to teach as a Visiting Associate Professor of Architecture at the University of Illinois at Champaign-Urbana's Graduate School of Architecture, and taught from 1993 – 2001. Wrote and taught graduate architecture courses on historic building investigation and documentation, historic material pathology and forensics, and hands-on traditional construction methods.

As an architecture undergraduate at the University of Illinois Chicago, received various academic scholarships, was on the Dean’s list many times, was a member of two national honor societies, and graduated with Distinction in Design. Spent third year of undergraduate architecture studies at L'Ecole D'Architecture Et D'Urbanisme de Versailles outside of Paris, France, a school of architecture located in part of the Chateau de Versailles building complex, the historic seat of the French monarchy, and traveled throughout Europe studying architecture.
PUBLICATIONS. Has published numerous law and construction trade journal articles, including: "Replacing the Secretary's Standards," Traditional Building Magazine, April 2013; "Mediation and Arbitration 101 for Architects, Engineers and Contractors," Licensed Architect (ALA), March 2011; "New Services for Architects: Helping Clients Discover Ways to Pay for Historic Rehab Projects," Licensed Architect (ALA), September 2010; "Land Use - Historic Preservation Law," Illinois Institute for Continuing Legal Education, 2004/2006; "Proposed Revisions to the ADA," Retail Law Strategist, October 2004; "Minimizing the Risk of ADA Lawsuits," Heartland Real Estate Business, January 2004.

SPEAKING ENGAGEMENTS. Has spoken at local, state, national and international conferences on a variety of design and construction, green building, and historic preservation--related subjects during career, including: "Arbitration and Mediation for Architects," Half-Moon Productions CE seminar, Chicago 2011; "Case Construction: Parallels Between Law and Architecture," NCSBN Keynote Speaker, Chicago 2011; "Beyond Tax Credits for Historic Rehabilitation," Traditional Building Conference, Chicago 2010; "Avoiding Legal Liability When Preservation Goes Green," Traditional Building Conference, Chicago 2010; "Expanding Your Services: Become an Historic Rehabilitation Economic Incentives Consultant," American Institute of Architects - Chicago Chapter Historic Resources Committee, 2010; "The Rise of the Green Building Ordinance," American Institute of Architects - "Renew Tampa" Conference, 2008; "Legal Advocacy Skills for Architects," American Institute of Architects - Chicago Chapter Historic Resources Committee, 2003; "Rehabilitation Economic Incentives," Miami Design and Preservation League, Art Deco Weekend, 2003; "Legal Issues of Architectural Salvage," Restoration 97 National Preservation Conference, 1997; "Chicago Historic Preservation," VI Foro International Patrimonio Arquitectonico, Cartegena, Colombia, 1996; "Careers in Preservation-The Architect's View," Restoration 96 National Preservation Conference, 1996; "Historic Building Assessment Fundamentals," Illinois Statewide Preservation Conference, 1995; "Structural Assessment of Flood Damaged Historic Buildings," Restore - National Masonry Conference, 1994; "Assessing Flood Damaged Historic Structures," Illinois Statewide Preservation Conference, 1994; "19th C. Historic Sidings v. 20th C. Artificial Sidings," Illinois State Preservation Conference, 1993.
$2,750 Per Day
English
United States of America
Chicago, IL

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.