Education and Training

Page 2 of 4

Dick Bayer

1001 E. Bayaud Avenue

No. 1808

Denver, CO 80209

(858) 373-8449

Education and Training

· Middlebury College, A.B., 1973; High Departmental Honors,

· University of Colorado, Juris Doctor, 1976; Austin Scott Oralist Award, Regional Moot Court Finalist

Honors & Panels:

· National Council of American Executives, Top Ranked U. S. Executives (2014)

· United States Institute for Excellence in Commerce, United States Excellence Award (2013)

· 11th Henry C. Turner Prize for Innovation in Construction, “for its work at the forefront of encouraging and educating the industry about the benefits of lean methods,” covering the period Dick was its Executive Director.

· John L. Martin International Partnering Institute, Diamond Award (California Prison Health Care Facility Stockton, CA, Best Mega Project, 2014)

· Lean Construction Institute, First Annual Chairman’s Award (2013)

· National Roster of Environmental Dispute Resolution and Consensus Building Professionals, U.S. Institute for Environmental Conflict Resolution (www.ecr.gov)

· Strathmore's Who's Who Environmental Law Professional of the Year (2007)

· California Academy of Distinguished Neutrals (www.californianeutrals.org)

· Masters Forum, Straus Institute

· National Conflict Resolution Center (environmental panelist)

· San Diego Foundation, Outstanding Partner (2005)

Teaching Experience

· Adjunct Professor, University of Denver, Franklin Burns School of Real Estate and Construction Management in the Daniels College of Business (2014-present)

· Adjunct Professor of Law, University of San Diego, Graduate Careers Program, Environmental Law (1992-2003)

ADR Training

· Environmental and Public Facilitation, Pasadena 2006

· Presenter, "Resolving Claims in the Change Order Spec," ABA Section on Dispute Resolution, Annual Meeting, Atlanta, GA, 2005

· Trainer, "Advanced Arbitration Training," ICM, Santa Monica, CA 2004

· Trainer, "Mediation Training for the Ghana Government," San Diego, CA 2003

· San Diego Mediation Center, Credential, 1999

· San Diego Mediation Center, One-year Training Program in the Theory and Practice of Conflict Management, 1996

· Advanced Arbitrator Training, 1993.

· American Arbitration Association, Basic and Securities Arbitration, 1991

Facilitation & ADR Experience

· Co-lead facilitator, URS Bovis Lend Lease Joint Venture, Program Manager, California Prison Health Care Receivership (2008-2009)

· Lead Facilitator, Hall Community Park consensus building project (2007-08)

· Co-lead partnering facilitator on:

o All American Canal Relining Project, Imperial County, California (2008)

o Interstate 905, Skanska/CalTrans, San Diego, California (2008)

o Coronado Bridge Maintenance Deck, Wier Construction/CalTrans, San Diego (2007)

· Lead Facilitator, San Diego Foundation, Environmental Community facilitation

· Over 200 Business Mediations (private and Court sponsored)

· Credentialed mediator since 1996

· AAA arbitrator since 1980

Legal Experience:

· Private Practice, La Jolla, CA , 2002- 2009

· Ferris & Britton, San Diego, CA, 1999-2000

· Of Counsel, Sparber Ferguson Ponder & Ryan, San Diego, CA, 1997-1999

· Private Practice, San Diego, CA, 1991-1997

· General Counsel, Hoskings Trust, San Diego, CA 1989-1991

· Kutak Rock & Campbell, Denver, Co 1987-1989

· Brownstein, Hyatt & Farber, Denver, CO 1976-1986

Business Experience:

· Interim Executive Director, Lean Construction Institute, Washington, DC (2010-2013)

· President, The ReAlignment Group, Ltd., partnering and lean coaching, San Diego, CA and Denver, CO (2002-2016)

· Partner & General Counsel, BFGW Urban Partners, Brownfields Redevelopment firm, San Diego, Los Angeles & Chicago (1996-2002)

· President & C.E.O., Manley Oil Company, Los Angeles, CA, 2000-2002

· Developer & Counsel, Warren-Walker Schools, Inc., Green Valley, Nevada (1991-1996)

Environmental Experience

· Adjunct Professor of Law, University of San Diego, Graduate Careers Program, Environmental Law (1992-2003)

· Lead Counsel: Groundwater contamination actions, 1991-1996

· Toxic house cases, 1995-1999;

· Underground storage tank actions.

· Negotiations with U.S. EPA, U.S. Dept. of Energy, U.S. Dept. of Interior, Bureau of Land Management, Cal EPA, Cal Department of Toxic Substance Control, Regions 2 and 9, California Regional Water Quality Control Boards; Cal. Department of Conservation, Division of Oil, Gas & Geothermal Resources; San Diego Hazardous Materials

Publications:

· He was a member of Mindshift II, described as “a team of trail blazing leaders” selected to consider the question of how space can effect employee engagement in the workplace. Mindshift II co-authored with Rex Miller Change Your Space, Change Your Culture (Wiley: Josey Bass, 2014)( http://www.amazon.com/Change-Your-Space-Culture-Transformation/dp/1118937813).

· “Alignment Partnering": A Bridge to ADR Processes?” (May, 2013 Special Section issue of the Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, a publication of the American Society of Civil Engineers, with Kurt Dettman)

· Ohio Partnering Manual (Department of Transportation of the State of Ohio, 2011)

· Megaprojects: Challenges and Recommended Practices (ACEC, Washington, D.C. 2010), Partnering Chapter with Dan Fauchier

· Program Delivery Guide for the California Prison Health Care Receivership (California Department of Rehabilitation and Corrections, 2009)

· 2007: Partnering on Steroids, 46th Annual Workshop on Transportation Law, Transportation Research Board, Philadelphia, 2007

· 2006: Resolving Construction Disputes in the Change Order Spec., Paper delivered to ABA Section on Dispute Resolution, Atlanta, GA

· 2005: Cost Control in Dispute Resolution (with George Thomas), Surety Claims Newsletter

· 2004: What You Need to Know About ADR, Paper delivered at the 9th Annual International Petroleum Environmental Conference, Albuquerque, New Mexico (October, 2002)

· 2002: Environmental Collaboration, Paper delivered at the 9th Annual International Petroleum Environmental Conference, Albuquerque, New Mexico (October, 2002)

· 1985 "The Trouble with Arbitration,"11 Litigation 30, with Harlan Abrahams

· 1985 Colorado Appellate Advocacy (with several authors)

· 1984 "The Ethics of Moving for Disqualification,” 13 Colorado Lawyer 55 with Harlan Abrahams

· 1983 Surveyor's Liability, Spring Real Estate Institute, Continuing Education in Colorado with John Madden

Lectures and Continuing Legal Education

· Keynote, American Construction Schools Annual Competition, Reno, Nevada (2016)

· Keynote, DBIA Western Region Meeting, San Francisco (2015)

· Introduction to Lean Construction (25 cities in North America, 2010-2014)

· CDRC Annual Meeting Speech, 2005

· 2004: What You Need to Know About ADR, Paper delivered at the 9th Annual International Petroleum Environmental Conference, Albuquerque, New Mexico (October, 2002)

· 2002: Environmental Collaboration, Paper delivered at the 9th Annual International Petroleum Environmental Conference, Albuquerque, New Mexico (October, 2002)

· 2001, 2002: National Business Institute, “Land Use Update,” San Diego, CA

· 2002: National Law Foundation, Introduction to Environmental Law (2 part tapes & 150 page accompanying materials), Nat’l Law Foundation, Wilmington, DE

· 1996: California Licensed Surveyors Association, "History of Private Ownership of Property"

· 1992: California Licensed Surveyors Association, "Recent Developments in Survey Law"

· 1983: Lead Law Instructor, Becker C.P.A. Review Course, Las Vegas, Nevada

Boards and Community Service

· California Dispute Resolution Council, Board of Directors, 2001-present, Treasurer (2003), President-Elect (2004), President (2005)

· ACR San Diego, Treasurer (2004)

· ADR-San Diego, Treasurer (2005)

· San Diego Mediation Center, Board of Directors, 2000-2002 Secretary, 2001-2002

· California Independent Petroleum Association, Board of Directors, 2001-2002

· Petroleum Technology Transfer Council, Producer's Advisory Group, 2001-2002

· La Jolla Youth Softball, 1995-2001, President 1999-2000

· Mid-City Little League (1991-1995)