Nathan D. Alder, Esq.

Nate AlderAs an in-demand mediator for complex litigation and protracted disputes, Nate Alder is widely known and highly regarded for his thoughtful preparation, careful understanding of competing and often paralyzing interests, effective and measured communication focused on client perceptions and adaptability, quick study of each side’s landscape, and scrutiny and evaluation of each contested matter – at macro and micro levels – in order to add value and focus on immediate and longer-term solutions. With energy he works long hours to resolve each matter, however where an in-session resolution is not achievable, he helps parties see pathways to eventual outcomes.

Mr. Alder’s knowledge and skill set are derived from experiences in broad spectrum of areas, including various fields, industries, businesses, issues, formats, styles, sensitivities and concerns. His curiosity, interests, personality, speaking style and familiarity with so many facets of dispute resolution became the foundation for his quick rise to being a powerful catalyst for creating lasting resolutions. Clients are often surprised at the result, having never believed that the mediation itself would be the end of their dispute.

As a leader in the field, Nate has served as a mediator in many kinds of matters, including:

  • business partnerships,
  • business splits,
  • buy sell agreements,
  • family-owned businesses, succession issues, 
  • dissolution,
  • corporate governance,
  • LLC management and operation disputes,
  • complicated business decisions,
  • board conflict,
  • joint venture,
  • investment disputes,
  • fraud claims,
  • fiduciary claims, fiduciary breach,
  • distribution of assets,
  • sale of business,
  • collections,
  • business and contract interference claims,
  • business torts,
  • contractual breach,
  • commercial litigation,
  • personal employment contracts,
  • non-compete agreements, non-solicitation, confidentiality breach,
  • employment (general), termination, discrimination,
  • proprietary compromise,
  • intellectual property (copyright, trademark, patent, service mark, trade dress),
  • commercial leases,
  • financial lending/financial institutions,
  • mortgages, subordination, claims, 
  • foreclosure,
  • partition actions,
  • deficiencies (real property),
  • real property disputes, including transactions, representations and boundary issues, seller-financed matters,
  • land development,
  • water, 
  • environmental,
  • governmental restrictions on land,
  • real estate investing, funding,
  • real estate partnership disputes,
  • real estate — equitable claims, partition,
  • real estate purchase contracts (REPC),
  • real estate – seller disclosures,
  • real estate professionals – claims, disputes, disclosures, conflicts,
  • HOAs, PUDs, UOAs, community associations,
  • claims against governments,
  • construction,
  • construction defect,
  • liens,
  • construction contracts, implied and express warranties,
  • probate & estate matters,
  • trust administration,
  • elder care issues,
  • professional liability,
  • professional services and fee disputes,
  • medical malpractice,
  • medical devices,
  • medical professionals – disputes, claims, partnerships,
  • product liability,
  • casualty claims,
  • insurance (coverage, excess, bad faith, agent/broker),
  • personal disputes,
  • civil rights, 
  • defamation,
  • misrepresentation claims,
  • negligence claims,
  • property damage,
  • roofing, roof repair, roof collapse, wind, hail and storm damage,
  • flood,
  • fire,
  • trucking/transportation,
  • personal injury (paraplegia, traumatic brain injury, other significant injuries), and
  • wrongful death.

As a mediator, Mr. Alder values confidentiality, privacy, mediation privilege, creative processes, out-of-the ordinary solutions to complex situations, cost/benefit analyses, risk assessment, collaborative engagement, and clear communication. He also enlists counsel in working meetings, drafting efforts, red-lining, “meeting-of-the-minds” interim agreements, MOUs, full-length releases (pre-drafted templates) and settlement agreements executed by parties and approved by counsel. He appreciates civility, trust, “good offices,” and professionalism.

Mr. Alder has extensive training and preparation in ADR. He studied ADR at Indiana University-Bloomington where he obtained an M.P.A. (public policy) from the O’Neill School of Public & Environmental Affairs and J.D. from the Maurer School of Law. He received formal mediator training at the Straus Institute for Dispute Resolution at Pepperdine University in Malibu, California. He is an active participant in conferences and training. At the request of court administrators, he trains new mediators during sessions where the parties give consent. Starting in 2019, Mr. Alder has been involved in helping the judiciary of South Africa as it initiates ADR programs throughout the country. He has also been fortunate to participate in teaching and training judges from several other African nations.

Mr. Alder has been recognized by peers as a top mediator: Fellow of the National Academy of Distinguished Neutrals (www.nadn.org); Peter W. Billings, Sr. Award for Excellence in Dispute Resolution (Utah State Bar Dispute Resolution Section, 2012); Court-Qualified Mediator (Utah State Court Roster of Mediators); Master Mediator (Utah State Court Roster of Mediators); Best Lawyers in America (for ADR); and among Utah’s top mediators in Utah Business magazine (Legal Elite). 

Mr. Alder has received numerous additional recognitions and honors: Fellow of the American Bar Foundation; Life Fellow of the National Conference of Bar Presidents; Best Lawyers in America; AV Rating by Martindale-Hubbell; Super Lawyers “Top 100″ (five state region, Idaho, Montana, Nevada, Utah, Wyoming); Super Lawyers “Top 25” Lawyers in Salt Lake City; Legal Elite (Utah Business); Irene Fisher Engaged Citizen Award (Utah Campus Compact, 2005); Raymond S. Uno Award for the Advancement of Minorities in the Legal Profession (Utah State Bar, 2011); Heart & Hands Award (Utah Nonprofits Association, 2000); Merit Citation Award (Utah State University, 2007); Outstanding Service Award (Lawyers Helping Lawyers, 2010); Friend of the College Award (Utah State University, College of Humanities & Social Sciences, 2011); Alumnus of the Year (Utah State University, 2014); Distinguished Alumni Speaker (USU, 2009); Keynote (Utah Leadership Academy, 2010); Commencement Speaker (USU Honors Program, 2024).

Mr. Alder frequently lectures and presents on a variety of ADR topics, including mediation ethics, negotiation ethics, mediation best practices, social media mixed in with mediation, negotiation tips for mediations, dealing with difficult personalities, and civility and professionalism in ADR.

As a leader in ADR, Mr. Alder has served in many capacities. He co-founded and later chaired the Dispute Resolution Section of the Utah State Bar. He is a past chair of the Utah Council on Conflict Resolution (UCCR), and served on that board for nearly a decade. He served on the ADR Committee of the Utah State Courts, and is a member of the ABA’s Dispute Resolution Section. He founded and for years served as chair of his firm’s Dispute Resolution Practice Group. He has served as Special Master in significant commercial cases, and has also been a group facilitator for numerous community and nonprofit organizations.

Mr. Alder is a uniquely qualified mediator because of his civil litigation practice, representing both plaintiffs and defendants. A shareholder at Christensen & Jensen since 2001, he represents plaintiffs and defendants, petitioners and respondents. For example, he has represented individuals and families in multi-million dollar injury and damage cases while also handling defense matters for some of the nation’s most recognized corporations. His commercial litigation experience involves handling both claims and defenses along a spectrum of legal areas. Nate’s abilities on both sides of a case give him a special perspective, thus he is able to help parties better understand the mediation process, see pros and cons, be realistic and timely achieve appropriate results.

Mr. Alder was elected by Utah’s lawyers to serve as president of the Utah State Bar during 2008-2009 which saw the tumult of the great recession and tremendous strain on the profession. He handled delicate issues as Utah’s leader but was also fortunate enough to be at the helm when the Court and Bar launched the New Lawyer Training Program (mentoring) which later received the ABA’s E. Smythe Gambrell Professionalism Award (2013). He is a leading voice in the nation for improving and sustaining the legal mentoring landscape. He has served in many other capacities, including as an elected Utah Bar Commissioner (2003-2010) and as president of Utah’s Young Lawyers (2001-2002). His bar president colleagues chose him to serve as president of the 15-state Western States Bar Conference in 2012-2013; he has served as president of the National Caucus of State Bar Associations (2014-2015), and as chair of the National Legal Mentoring Consortium (2017-2018; 2020-present). He served on the Utah Supreme Court’s Advisory Committee on Professionalism (2002-2014), the Utah Supreme Court’s Committee on New Lawyer Training (2010-2023), and the Utah Supreme Court’s (Inaugural) Committee on Licensed Paralegal Practitioners. He is a former Utah Bar Examiner and member of Utah’s Admissions Committee. He also co-chaired the Utah State Bar’s Commission on the Future of Legal Services in Utah (Utah Futures Project). For six years Mr. Alder served as the Governor’s appointee to the Utah Judicial Performance Evaluation Commission. He also served as a local pro tem (volunteer, small claims) judge for several years.

Nationally, Mr. Alder was appointed to the American Bar Association’s Standing Committee on Professionalism in 2011, the ABA’s Center for Innovation (inaugural Governing Council) in 2016, and the Standing Committee on Constitution & Bylaws in 2021, and as its chair from 2023 to present. For a decade he has served in the ABA’s House of Delegates, its policy making and representative body, and has risen to the level of State Delegate and Nominating Committee. In 2023-24 he accepted the assignment of serving on the ABA’s Strategic Planning Committee which issued its report in July 2024. He has served on two ABA presidential appointments committees. For the National Conference of Bar Presidents, Mr. Alder has served as Secretary, Treasurer, Program Chair, President-Elect, President, Past President, Nominations Chair, Diversity Committee Chair, 21st Century Lawyer Committee Chair, and Communications Chair. While serving as president in 2019-2020, he was at was at the helm during Covid-19’s shut down of the nation’s courts, and was able to be liaison to the American Bar Association’s weekly leadership summit on the nation’s response to the pandemic. He also helped state and local bars navigate their local and individual landscapes during the George Floyd protests.

After law school, Mr. Alder was honored to serve as a judicial law clerk for the Hon. J. Thomas Greene, U.S. District Court Judge for the District of Utah (1995-1996). He is involved in several other organizations, including ALFA International’s Professional Liability Practice Group, ALFA’s Product Liability Lawyers Network, the ABA’s Tort Trial & Insurance Practice Section, and the ABA’s Litigation Section. He previously served as Chair of the Personal Injury Section of the J. Reuben Clark Law Society (2010–2012).

For Nate’s firm bio: Nate Alder

For Nate’s LinkedIn bio: www.linkedin.com/in/utahattorney