Dedicated. Fair. Impartial.
We are dedicated to using the right tool necessary to meet the parties’ unique requirements. So we customize the ADR process to best serve your specific needs in a manner most likely to succeed in solving the conflict. And we are keenly aware that to resolve a dispute we must recognize, be sensitive to, and satisfactorily address the underlying emotional aspects of each parties’ position. Throughout the process, we remain cognizant of the emotions involved and strive to mitigate their consequences by encouraging collaboration, mutual understanding, and the recognition that change is inevitable.
hawthorne & associates FOUNDer
Hon. Robert D. Hawthorne (Ret.)
A Career in Law and Business
A legal practitioner with business experience, Bob Hawthorne has served 18 years as an appellate court judge after being appointed by the Governor of the State of Colorado to the Colorado Court of Appeals. Before that, he practiced law for 32 years representing both litigation and business clients. Over these 50 years, Bob litigated or served as a judge in over 5000 cases. He also developed and operated several successful businesses in addition to his law practice: a farm and ranch operation, a real estate brokerage firm, a title insurance agency, and a local radio station. Bob served by gubernatorial appointment on the State of Colorado Transportation Commission overseeing the Colorado Department of Transportation. And he served in the United States Army Reserves, Artillery, from 1970 to 1976.
Years as an Arbitrator
As an arbitrator, have arbitrated numerous cases, including consumer, regular commercial, large, complex commercial, and expedited procedures cases as sole arbitrator and as member /chair of three arbitrator panel.
Serving as an appellate court judge for 18 years has provided extensive experience in resolving a broad spectrum of complex cases. As a private practitioner advocate for 32 years, participated in multiple ADR proceedings to resolve personal injury claims and business related civil disputes.
Breach of settlement agreement with multi-million dollar claims/counterclaims, including attorney fees and costs, involving a Native American Tribe and a former business/financial advisor as to petroleum interests.
Large, complex commercial dispute involving multi-million dollar claims/counterclaims as to sale/delivery/payment for commercial goods, including causes of action for breach of contract, breach of express warranty, negligence, strict product liability, promissory estoppel, common law indemnification, breach of implied covenant of good faith and fair dealing, and declaratory relief.
Large, complex multi-million dollar claims/counterclaims by multiple family members involving estates, trusts, and business entities asserting invalid property transfers, breach of fiduciary duty, aiding and abetting in breach of fiduciary duty, promissory estoppel, civil conspiracy, constructive fraud, fraud by non-disclosure, breach of contract, and accounting.
Franchisor/franchisee breach of contract claims seeking declaratory judgment and injunction to enforce post-termination franchise agreement obligations.
Equitable claims for judicial dissolution and winding-up of a limited liability business entity.
Commercial claims alleging fraudulent sale of unregistered securities, using a Ponzi scheme, breach of fiduciary duty, violation of Blue Sky law, and fraudulent misrepresentation.
Franchisor/franchisee breach of contract claims seeking termination of franchise agreement, damages, costs, and injunctions as to use of trade secrets, trade name, and trademark.
Franchisor/franchisee breach of contract multi-million dollar claims asserting improper termination of franchise agreement based on racial discrimination.
Dispute between LLCs formed in separate states concerning the amount and repayment of the investing LLC’s investment interest in the purchased LLC under a Private Placement Memorandum defining its capital contributions to purchase certain class units.
Breach of contract claims between business entities as to payment for and use of a customized web application.
Consumer action for actual, statutory and punitive damages, and costs and attorney's fees under the Federal Fair Credit Reporting Act.
Breach of contract by failing to pay proper buy-out amount under LLC operating agreement.
Consumer contract refund claim dismissed by summary disposition proceedings.
Years as a Court of Appeals Judge
Appointed by the Governor of Colorado to the Court of Appeals in 2005, Judge Hawthorne was retained for two eight-year terms by state-wide popular vote in 2008 and 2016. He served as an appellate judge in over 3500 cases and authored written opinions in over 1000, including 106 published opinions (see Westlaw advanced search JU (hawthorne)). He participated in hundreds of three-judge division conferences to resolve case outcomes as majority author, separate special concurrence, or dissenting opinion.
He also heard hundreds of oral argument proceedings and was presiding judge on many divisions. Bob reviewed, considered, and ruled on hundreds of motions for numerous forms of relief, including petitions for reconsideration of the division’s announced opinion. He heard and decided a broad range of civil and criminal cases arising under federal and state statutes, case law and the United States and Colorado Constitutions, including disputes involving, but not limited to:
Jurisdictional, legal standing, and statute of limitations issues
Arbitration and mediation statutes, procedures, agreements
Real estate, including agricultural and rural, eminent domain, inverse condemnation, development requirements, easements, adverse possession
Contracts generally, JVAs, entity organizational issues, share subscriptions
Class actions, certifications, operations, settlement
Consumer protection statutes, available public or private actions
Governmental administrative agencies, federal, state, and local
Governmental immunity, jurisdictional time limits, and subject matter limitations
Employer-employee relationships, contractual, at-will, independent contractor
Workers’ compensation, entitlement, scope of employment, injury schedule
Construction defect claims, contract requirements, workmanlike performance
Insurance coverage generally, UM/UIM, bad faith claims, damages
Bankruptcy, state court authority pending automatic stays
Family law, marriage dissolution, maintenance, child support, property division
Probate, decedent’s, conservatorship, guardianship, and minor’s estates
Hundreds of federal and state constitutional claims
Innumerable other issues in all areas of the law addressed on a daily basis
Complex contract, financial, damages issues involving multi-millions of dollars
Personal injury claims, negligent, intentional, product liability, insurance issues
Oil, gas, wind, and other energy related contracts including delivery agreements
Securities fraud, security registration and sale, minority shareholders rights
Business disputes, including civil theft, entity governance, and dissolution
HOA-owners-developers disputes, governance, and special district issues
Professional malpractice, legal, medical, and other licensed professions
Intellectual property, trade secret, trademark rights
Corporate and business entity governance, organizational document requirements
Income, property, sales, use, and other tax matters
Years as a Practicing Attorney
Litigation
As a practicing attorney, Bob represented individuals, business entities, and governmental agencies before federal and state courts and administrative agencies, in a wide spectrum of legal matters, including but not limited to:
Pre-trial mediation, settlement conferences and negotiations, and other pre-trial proceedings in jury and bench trials, including motions to dismiss, for summary judgment, and appointment of a receiver
Petitions for declaratory judgment, contempt citations, and to enforce and collect local and foreign judgments
Personal injury claims based on intentional conduct, negligence, and product liability
Real property disputes, including partition, easements, quiet title, eminent domain and inverse condemnation, boundary lines, rights of way, premises liability, foreclosure and eviction, zoning and building codes, nuisance, trespass, real estate taxes and assessments, water rights, brokerage contracts, post-dissolution spousal rights, construction defects, crop share and livestock grazing rights
Claims based on unjust enrichment, constructive and resulting trusts, federal government agricultural subsidy programs, letters of intent, sale and purchase agreements, municipal and state use tax assessments
Personal property claims including bailor-bailee and replevin actions, debt collection, including attachment and garnishment
Business matters, including sole proprietors, corporate, LLC, partnership, and joint venture disputes and dissolution; minority shareholder - partner - owner claims, and employment, independent contractor contracts.
Bankruptcy including Chapters 7, 11, 12, and 13
Probate, conservatorship, guardianship, and minors estates and trust disputes
Domestic relations matters - dissolution, maintenance, child support, adoption, allocation of parental rights
Collective bargaining agreements; franchise agreements; and criminal defense and prosecution
Transactional Work
Bob’s practice also involved negotiation and document preparation representing transactional clients in many of the same areas of the law in which he litigated:
Real estate and business purchase and sale agreements, conveyance and transfer documents, arbitration, escrow, and security agreements and documentation, title opinions,1031 exchange transactions, subdivision platting and development, condominium and HOA declarations and by-laws, zoning and rezoning, building code compliance, deed in lieu of foreclosure agreements and documentation, mechanics liens, partition agreements, water and minerals transfers
Agricultural agreements including purchase and sale, easements, water leases and usage, crop-share and grazing contracts, CRP leases and other USDA subsidies, custom farming, land, crop, and livestock loan security agreements, agistor’s contracts
Limited liability entity organization, operation and compliance documentation
Dispute settlement agreements, including personal injury structured settlements
Municipal funding, contracts, special districts, ordinance codification and revision, FmHA projects, capital recovery agreements, advise governing body
Mergers and acquisitions finalizing purchase and sale
Probate, conservatorships, guardianships, trusts, wills documents and administration
Formation or dissolution of corporate, LLC, partnership, and other business entities, including joint venture agreements and letters of intent, secured transactions documentation including debt and security instruments.
Franchise agreement negotiations and documentation
Oil, gas, and wind tower long term leases
Non-disclosure and non-competition agreements
Pre-marital and post-nuptial agreements
Government contract and licensing negotiation and documentation
Employment contracts, long term, part-time, independent contractor
Construction contracts and administration.
Agri-business
Bob settled in rural Eastern Colorado farm and ranch country in the early 1980s as a practicing attorney. Shortly afterwards, he acquired land and began farming and ranching in addition to practicing law. As an attorney, farmer, and rancher, he accumulated extensive experience in agribusiness and the farming and ranching industries. Bob’s agricultural background, supplemented by his broad legal experience in issues confronting rural families and businesses, uniquely qualifies him to arbitrate or mediate agricultural and rural disputes. He is known for his respectful demeanor with all parties and his abilities as a quick learner in complex situations. Bob relies on his rural, agricultural, and legal experience to decide arbitrated ag issues, and to guide ag families and businesses during mediation in developing a practical, self-determined resolution of their dispute while maintaining important relationships.
Bar Admissions
Missouri (1973)
Illinois (1974)
Colorado (1977)
U.S. Supreme Court (1989)
U.S. Court of Appeals, 10th Circuit (1986)
U.S. District Court, District of Colorado (1977)
U.S. District Court, Western District of Missouri (1973)
Education
THE NATIONAL JUDICIAL COLLEGE
Certificate in Judicial Development, Appellate Judicial Skills, 2016
NEW YORK UNIVERSITY SCHOOL OF LAW
Certificate, Appellate Judges Seminar - New Appellate Judges Series 2006
UNIVERSITY OF MISSOURI SCHOOL OF LAW
Juris Doctor, 1973
LOUISIANA STATE UNIVERSITY at MONROE
B.A. - Pre-Law, 1970
Professional & Community Service
Colorado Judicial Institute - 2020 Judicial Leadership Award; Board of Directors; Chair, Judicial Excellence Awards Selection Committee; Mediation Guide for Colorado Courts Review Committee
Chief Justice’s Commission on Professional Development, past Chair - Professionalism Working Group
Court of Appeals past representative to Chief Justice’s Office of Dispute Resolution Advisory Committee, Information Technology Services Standing Committee, and Judicial Conference Planning Committee
Court of Appeals past liaison to 12th Judicial District
Colorado Institute for Faculty Excellence in Judicial Education
University of Colorado - Denver, School of Public Affairs, Criminology and Criminal Justice Program, Lecturer
Colorado Bar Association - Alternative Dispute Resolution Section, Real Estate Law Section, Litigation Section, Agricultural & Rural Law Section, Judicial Liaison Section, CBA/Denver Bar Association Professionalism Coordinating Council, and Spanish Speaking Lawyers Committee
Colorado Bar Foundation Fellow
Denver Bar Association
Minoru Yasui Inn of Court, past Executive Director, Vice President, and President
Our Courts Speaker and past Chair of Our Courts Partners Committee
Past Court of Appeals Representative to the Colorado Judicial Coordinating Council and to the Deans’ Diversity Council
Volunteer in Colorado Access to Justice Commission activities, Intern Diversity Programs at University of Colorado School of Law and Denver University Sturm College of Law, Denver Regional and State High School Mock Trial Competitions, Colorado Close Up, and We the People.