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14717 W. 50th St. Shawnee, KS 66216
Jerry Bales

Phone: (913) 638-6556

Jerry Bales

Jerry began his ADR practice 30 years ago and currently focuses solely on serving as a mediator or arbitrator.  In the area of construction law, he previously represented clients involved in construction claims and litigation, including architects, engineers, surveyors, owners, contractors, subcontractors and suppliers. 

He has handled virtually every type of claim arising on a construction project, i.e., defects in all design disciplines, delay and impact, job site safety, wrongful termination, liquidated damages, cardinal change, differing site conditions, and other contract disputes. Has tried hundreds of cases (jury trial, bench trial, and arbitration).  

In the first 25 years of his practice, he gained extensive experience with personal injury, wrongful death, product liability, premises liability insurance law and insurance coverage disputes (including agency/broker errors and omissions, first party claims, arson, fraud, property/casualty, professional liability insurance, architects’ and engineers’ insurance, crop insurance, primary/excess issues, and casualty and environmental insurance).

He has tried more than 100 cases (jury trial, bench trial, and arbitration) and participated in hundreds of mediations and settlement conferences as an advocate.

  • Mediation Experience
  • Mediation Philosophy
  • Mediation Training and Education
  • Arbitration Experience
  • Arbitration Training and Education
  • Legal Work History
  • Bar and Court Admissions
  • Activities and Memberships
  • Honors and Recognition
  • Technology Proficiency

Mediation Experience

Jerry has served as a mediator on cases involving commercial law, construction, insurance, business disputes, products liability, personal injury/wrongful death, employment, and other areas of the law, for example:

  • Claims by public university for numerous design and construction defects relating to residence hall project (15 parties);
  • Wrongful employment discharge and retaliation claim;
  • Claims by public owner for errors and omissions represented by more than 300 change order items;
  • Accounting malpractice claim relating to erroneous tax returns, resulting from use of stepped-up basis for assets acquired in merger;
  • Multi-party dispute between municipality and various contractors regarding construction defects and unpaid contract balances (three days);
  • $9.2 million dispute (8 parties) involving claims arising from destruction of project by arsonist, including builder’s risk coverage, broker liability, and negligence of contractors;
  • Dispute between general and subcontractor regarding work on electrostatic precipitator in power plant, termination of the subcontractor, and multi-million-dollar counterclaim by subcontractor for loss of credit and bonding capacity;
  • Multi-million-dollar claims by housing authority against program manager regarding job order contract program;
  • Sexual harassment and hostile work environment claim (Missouri Human Rights Act);
  • Violation of non-complete agreement;
  • Design and construction issues relating to Corps of Engineers Project (seismic soil classification);
  • Dissolution of professional service firm;
  • Residential claim for more than $3,000,000 in damages caused by defective workmanship (21 parties);
  • Property insurance claim against first-party insurer for hail damage to roof on commercial building;
  • Claim against engineer by worker who was severely injured in trench collapse;
  • Claims against municipality for breach of development agreement (CID) and improper allocation of interest;
  • Claims of defective design and construction of storm water drainage infrastructure for transportation and holding facility;
  • Claims by umbrella carrier against primary insurer for negligence, bad faith, and breach of duty to defend (conflict of interest due to worker’s compensation subrogation interest and failure to separate the files); and
  • Equitable subrogation claims by payment bond surety relating to progress payments and retainage and issue of effective date of surety’s lien rights.

Mediation Philosophy

In complex cases, pre-mediation conferences and meetings, virtual or in person, are often helpful for a successful mediation. 

Generally, I do not hold joint sessions or invite opening statements.  However, in some cases fact-finding sessions are necessary or may be agreed-upon. 

I prefer that the parties settle the case on their own terms, if possible, but if that does not succeed, it may be helpful for me to become proactive (i.e., a mediator’s proposal). 

I believe that the mediator should do more than merely “carry water” between the parties, providing a reality check as appropriate.  I don’t believe that the mediation process should “just about the money; in fact, I enjoy digging into the details, to the extent necessary for the particular dispute. I am not a high-volume mediator since most of the cases I mediate are complex and/or multi-party disputes.

Mediation Training and Education

  • Mediator Training (two days), American Arbitration Association, Chicago, Illinois, 1997;
  • American Bar Association Section of Dispute Resolution 16th Annual Spring Conference (After the Middle Hours – Getting to Settlement), Miami, 2014; and
  • Various continuing education seminars on mediation.

Arbitration Experience

Jerry has been a member of the American Arbitration Association Commercial Panel since 1994 and its Large Complex Construction Case Panel.

Jerry has written or co-authored more than 60 awards in arbitration cases, for example:

  • $80 million-dollar dispute between owner, general contractor, and pass-through claims of multiple subcontractors, involving high-rise luxury condominium project (served as the chair of three-member panel; 98 days of hearing);
  • Served as the umpire in an appraisal process involving roofing dispute between insurance carrier and insured-owner;
  • Multi-million-dollar dispute between municipal utility, contractor and supplier involving performance issues with baghouse, man-safe dampers, ash conveyance system and ID fan in power plant (three-member panel);
  • Dispute between industrial producer of bio-diesel fuel and supplier of 1.5 million-gallon bolted-steel tank, used for storage of UAN fertilizer solution and soybean oil (sole arbitrator);
  • Served as Hearing Officer relating to employment termination of Fire Captain and made findings and recommendations to employer’s Board of Directors;
  • Multi-million-dollar dispute between developer and contractor involving construction of golf course (chair of three-member panel);
  • Claim by pension fund of labor union against company for withdrawal liability under Employee Retirement Income Security Act of 1975 (ERISA), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) (sole arbitrator);
  • Claim for actual and punitive damages by purchaser of apartment complex against seller and real estate broker for misrepresentation and fraud as to financial condition of the property (sole arbitrator);
  • Claim for damages relating to UCC rejection of defective 1.5 million-gallon bolted-steel tank used to store UAN fertilizer solution and soybean oil (sole arbitrator);
  • Claim for damages relating to numerous defective interactive exhibits manufactured for and supplied to museum (sole arbitrator);
  • Multi-million-dollar dispute between county-owner and contractor involving delays in completion of arena and exhibition hall (chair of three-member panel);
  • Multi-million dollar claim involving errors in structural design and fabrication of roller coaster for major theme park (three-member international panel);
  • $3 million claim for damages by owner and developer of golf course, and counterclaim by contractor for specific performance of $2.2 million mortgage (chair of three-member panel);
  • Multi-million-dollar delay claim by owner against construction manager, and counterclaim for unpaid construction management and contractor fees (sole arbitrator);
  • Dispute between general contractor and subcontractor on fast-track project concerning termination of subcontractor, damages for completion and correction of work, etc. (three-member panel);
  • Dispute between contractor and private owner as to enforceability and validity of liquidated damages and related claims (sole arbitrator);
  • Dispute between owner of project and general contractor involving claims of fraud in the inducement, delays, damage to owner’s property, wrongful termination, incomplete and defective work (three-member panel; 31 days of hearing);
  • Dispute between owner of project and EPC Contractor relating to natural gas liquid gathering and processing plant, and claims of delay, inefficiencies, incomplete work, wrongful termination, and numerous disputed change order requests (three-member panel);
  • Dispute between utility company and contractor relating to design, construction, and maintenance of 13 arsenic and nitrate water treatment facilities and issues of UCC warranties, statutes of limitations, etc. (three-member panel); and
  • Numerous cases serving as AAA Rule R-7 Arbitrator (joinder and/or  consolidation).

Arbitration Training and Education

  • Construction Industry Arbitrator Training, American Arbitration Association, Kansas City, Missouri, 1997;
  • Construction Industry Arbitrator II Training, American Arbitration Association, Orlando, Florida, 2002;
  • Ethics in ADR, American Arbitration Association, 2003;
  • Arbitration Awards: Safeguarding, Deciding & Writing Awards, American Arbitration Association, 2004;
  • Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, American Arbitration Association, 2005;
  • Arbitrating the Mega-Case, American Bar Association, Los Angles, California 2008;
  • American Bar Association Section of Dispute Resolutions 16th Annual Spring Conference (Managing a Successful Arbitration – Getting to Arbitration; Ethics for Arbitrators; Managing the Complex Business Case in ADR; Best Practices for the Multi-Arbitration Panel; Discovery in Arbitration; Managing a Successful Arbitration-Ethical Issues in Arbitrations; The Arbitration Hearing) Miami, 2014; and
  • Annual American Arbitration Association Continuing Education Courses, 2005 to present.

Legal Work History

  • Bales ADR Services, LLC, 2023 – Present
  • Woodworth Snow, LLC, 2023 – 2024 (Of Counsel)
  • Rouse Frets White Goss Gentile Rhodes PC, 2010 –2023 (Shareholder)
  • Lathrop Gage, 1999 – 2010 (Member)
  • Wallace Saunders, 1972 – 1999 (Law Clerk, Associate, Partner)

Bar and Court Admissions

  • Kansas, 1974
  • Missouri, 1987
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Kansas
  • U.S. District Court for the Western District of Missouri

Activities and Memberships

  • National Association of Distinguished Neutrals;
  • American Bar Association (Section of Dispute Resolution and Construction Forum);
  • Missouri Bar Association;
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association (Past Chair, Construction Law Committee); 
  • Johnson County, Kansas (Past Treasurer);
  • Kansas Bar Foundation (Past Trustee);
  • Midwest Innocence Project (volunteer attorney).

Honors and Recognition

  • Selected among The Best Lawyers in America®, 2008-2024;
  • Selected multiple times (most recent 2024) by The Best Lawyers in America® as Lawyer of the Year – Construction Law, Arbitration, Mediation;
  • Selected for Missouri/Kansas Super Lawyers (Construction/Alternative Dispute Resolution), 2008-2024;
  • Construction Arbitrator Master Panel of AAA (top 100 in the country);
  • AAA Master Mediation Panel;
  • National Academy of Distinguished Neutrals; and
  • Received highest attorney rating from Martindale-Hubbell – AV Preeminent Rating.

Technology Proficiency

Jerry has been using computer technology since the 1980’s.  He has experience with e-discovery and management of ESI (i.e., Relativity) as a practicing attorney and arbitrator.  He is proficient with various types of software, including Word, Excel, Relativity and Zoom (professionally trained).