Mediator Resume

Retired

Attorney, Mediator, Arbitrator, Consultant

Attorney/Consultant/Retired as Director/Of Counsel, Gerrish McCreary Smith PC (and successor firm), 1988 – 2015; President/Director, Metropolitan Bank, 1988 – 1991; Attorney, Borod and Huggins, 1986 – 1988; Executive Vice President/General Counsel, First American National Bank/First American Corporation, 1964 – 1986.

Co-founded leading national financial institutions law and consulting firm in 1988. Extensive experience in financial and banking law, regulation and management. Bank attorney and consultant. Bank President and Director. Experienced in mergers and acquisitions, secured transactions, commercial loan workouts, lender liability claims, contract disputes, employment contracts, employment terminations, employment claims, director and officer liability, accounting disputes, securities issues, settlement negotiations, litigation, executive compensation, and employee benefit plans. Management responsibility for over 900 employees in areas of data processing, systems planning, telecommunications, office automation, deposit services, wire transfer, and float control. Experience with Year 2000 (Y2K) issues.

Experience mediating the following types of disputes: employment termination dispute involving claim in excess of $1 million; dispute pending in U.S. District Court involving lender liability claims in excess of $1 million by bank commercial customer against bank; contract dispute between financial institutions involving claim in excess of $7 million; personal injury claims claiming damages up to $60,000; health and human services qui tam case involving damage claims of $1.9 million; unauthorized securities trading case involving damages of $400,000; dispute between developer of medical center and medical practice involving claims of $375,000; claim for personal injury and wrongful death involving claims of $250,000; and wrongful termination suit involving non-monetary claims.

Issues in employment cases have generally involved unjust dismissal, age discrimination, sexual harassment and falsification of records. Issues in contract cases have involved fraudulent inducement, breach of trust, federal bank fraud, tortious interference with business, illegal tying arrangements, effect of amendments, notice of termination, contract interpretation, tax deductibility, treble damages and breach of warranty of title to real estate and breach of agreement to convey title and develop real estate. Issues in securities cases have involved suitability, discretionary trading, unauthorized trading and margin accounts. Issues in personal injury cases have involved soft tissue injury, medical bills and pain and suffering from automobile accidents, and personal injury and wrongful death due to failure to meet acceptable standards of nursing care.

I consider mediation to be the preferred method for resolving disputes when the parties have been unable to do so themselves. I view the mediation process as an opportunity for disputing parties to fully discuss their differences and explore alternatives to settlement. My role as a mediator is to use my skill and experience to help them do that. I have a very keen ability to understand the issues and, more importantly, the interests of the parties. I am very creative and can assist in devising unique solutions to complex problems. While my general approach is as a facilitator of the process, when the situation warrants, I am willing to become evaluative to help the parties see the strengths and weaknesses in their positions and to guide them to a negotiated settlement. I expect the parties to be represented by individuals who have authority to settle and to be prepared to make every reasonable effort to settle. I recognize and respect that the process belongs to the parties, but I have a keen interest in leading them through the mediation process to resolution.

Vanderbilt University (MBA, Beta Gamma Sigma-1980); Nashville School of Law (JD-1969); University of Evansville (BS-1964).

Admitted to the Bar: Tennessee (1969); U.S. District Court: Middle (1971) and Eastern (1996) Districts of Tennessee, Northern District of Mississippi (1994). Tennessee Supreme Court Rule 31 Listed Mediator (1997).

Tennessee Bankers Association (Lawyers Committee, Chairman); American Bar Association (Alternative Dispute Resolution Committee); Tennessee Bar Association (Alternative Dispute Resolution Committee); Nashville Bar Association (Alternative Dispute Resolution Committee); Better Business Bureau of Middle Tennessee, Inc. (Chairman, General Counsel).

"Mediation: A Better Way," TENNESSEE CPA, May 1997; "Mediation: An Idea Whose Time Has Come," TENNESSEE BANKER, 1996; "Mediation: A Valuable Tool for Bankers," BANKER MAGAZINE, 1995; "Detailed Minutes, A Shield for Directors," AMERICAN BANKER, 1993; "Challenging the Examiner's Loan Appraisals," AMERICAN BANKER, 1992; "How to Challenge Examiners: Carefully," AMERICAN BANKER, 1992; "Day of Reckoning Comes for Ailing Thrifts," AMERICAN BANKER, 1991.

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $2,250.00/Day Cancellation Period: 10 Days Comment: Hourly rate applies to preparation,study,travel time and hearing time. Mail is received at my home office in Brentwood, Tennessee,(Nashville MSA). All travel will originate from the Nashville area. In any event, including cancellation, compensation is for a period of five hours. Cancellation policy: Hearings cancelled within 10 days of dates scheduled will be charged five hours' time.

English

United States of America

Brentwood, Tennessee