Barry L. Howard - Miles Mediation & Arbitration

Overview
Rates and Fees
Cancellation Policy

Overview

Prior to joining Miles Mediation this year, Barry Howard was one of the founding partners of Howard, Tate, Sowell, Wilson, Leathers & Johnson, which was established in 1987. Before that, he was an associate and then partner in the Nashville firm of Gracey, Maddin, Cowan, and Bird. At Howard, Tate, Sowell, Wilson, Leathers & Johnson, Mr. Howard focused on defending civil cases primarily in the area of product liability, professional liability, construction, and commercial. In 2007, he started mediating cases, and approximately 4 years ago, limited his practice to mediation.

As a mediator, Barry has mediated personal injury, professional liability, medical malpractice, civil rights, employment disputes, construction defects and injury, wrongful death, and commercial disputes. The commercial disputes include multi-million dollar equipment lease cases, breach of contract, transportation contracts, financial institution consumer transaction disputes, and mortgage/wrongful foreclosure cases.

Professional liability mediations have been conducted in the fields of attorney malpractice, real estate agent E&O, insurance agent E&O, and accountant professional liability.

Since establishing his mediation practice, Barry has mediated over 2,200 cases. He is also proficient in video mediations having conducted over 200 mediations utilizing Zoom.

Education

University of Tennessee College of Law, 1977
University of Tennessee, Knoxville, 1975 – Major: Accounting; Minor: Finance

Admitted to Practice

Tennessee Supreme Court 1978
United States District Court for the Middle District of Tennessee 1978
United States 6th Circuit Court of Appeals, 1979
Tennessee Supreme Court Rule 31 listed civil mediator, 2007
United States District Court for the Eastern and Western Districts of Tennessee

Professional or Trade Affiliations

National Academy of Distinguished Neutrals
Tennessee Association of Professional Mediators
Nashville Bar Association
Nashville Bar Foundation
Tennessee Bar Association
Defense Research Institute (past member)
Tennessee Defense Lawyers (past member)
International Association of Defense Counsel, IADC, (past member)

Honors and Awards

Best of the Bar, 2013, Nashville Business Journal
Listed as SuperLawyer multiple years

Speaking Engagements

Mediating Civil Cases, Tenn Attorneys Memo (TAM) Seminar on Litigation, 2019
Mediating a Health Care Liability Case, Medical Malpractice Conference for Tennessee Attorneys, 2018
Tennessee Products Liability Law, Samford University, Cumberland School of Law
Preparing a Case for Mediation, Nashville School of Law, Trial Practice course, guest speaker
Current Issues in Products Liability Law, Tenn Defense Lawyers Association, annual meeting
Cross Examination of Economist in defending Wrongful Death cases, Tenn Defense Lawyers Association, annual meeting
Preventing Insurance Agent Errors and Omissions Claims, Insurors of Tennessee
E-Discovery Issues in the Amended Federal Rules of Civil Procedure, Barristers, Inc.
Tennessee Insurance Issues, Allstate Insurance Company

Rates and Fees

Cancellation Policy

MEDIATION CANCELLATION POLICY

Mediations cancelled within 10 days of the mediation will be charged a cancellation fee of $1000. However, mediations cancelled or rescheduled within 24 hours of the mediation will be charged 4 hours of the Mediator’s hourly rate.

ARBITRATION FEE PAYMENT POLICY

Arbitration Commencement and Administrative Fee $1500.00 per party, per arbitrator At the commencement of an arbitration each party will be invoiced a $1500.00 Arbitration Commencement and Administrative Fee. This fee is refundable minus $500.00 until the initial case management order has been issued. All arbitration related invoices are due upon receipt.

ARBITRATION CANCELLATION POLICY

A scheduled arbitration means a hearing date(s) on the merits of the case has been reserved on the arbitrator’s calendar. If a scheduled arbitration is cancelled, rescheduled or settles before the scheduled hearing date. Cancellation fees will be deducted from the party’s deposit based on the following. 14 or more days before the scheduled hearing No Cancellation Fee 13-3 days before the scheduled hearing 4 hours for each scheduled hearing day 2-0 days before the scheduled hearing 8 hours for each scheduled hearing day

Issuance of the Final Arbitration Order/Award

Arbitration Awards/Orders will not be issued to either party until Miles has received full payment for all fees and expenses associated with the arbitration.