Carol McCoy

Rates and Fees
Neutral Information

Overview

Carol McCoy

The Hon. Carol L. McCoy (Ret.) had a distinguished career spanning 20 years as a chancery court judge in Nashville for the Twentieth Judicial District of Tennessee, where she served as chancellor in important and complex civil cases. Her judicial career includes an appointment by the Tennessee Supreme Court to the Appellate Court Judicial Evaluation Committee, where she was one of five trial judges tasked with evaluating the performance of all Tennessee appellate judges, including the justices of the Tennessee Supreme Court.

During her time on the bench, Carol was highly regarded for her hard work, courtesy, intelligence, preparedness, and timeliness. She demonstrated the ability to handle complex legal issues, reading all briefs and cited cases while rendering decisions promptly. Carol consistently exhibited impartiality, patience, and perseverance, traits that will serve her well in mediation and arbitration. She has 23 years of experience as a litigator, dealing with difficult issues of first impression, personal injury, business and contract disputes, employment litigation (including non-compete provisions and discrimination), environmental challenges, constitutional challenges, product liability, bankruptcy, and creditors’ rights. As a partner in a small firm, Carol gained valuable insights into real-world business operations, including employee relations, prompt payments, collections, taxes, regulations, leases, and equipment maintenance.

Throughout her career, Carol has actively participated in both her legal and civic communities, serving on numerous nonprofit boards and government agencies.

A native Tennessean, Carol has volunteered extensively and has been committed to serving the Nashville community.

Mediation Background

As a chancellor, Carol wrote hundreds of decisions, resolving a wide variety of disputes involving businesses, partnerships, corporations, healthcare companies, non-competition and trade secrets, entertainment, construction, insurance, real property, constitutional, statutory, administrative law, education, and employment issues. From 1997 to 1998, Carol participated in a pilot project that provided judicial mediation for lawsuits in other courts. She completed in-depth mediation training at the National Judicial College in Reno and later supplemented this training with additional mediation courses while on the bench. After stepping down, she attended another training course and qualified as a Rule 31 mediator in 2019.

Admitted to Practice

Tennessee, 1973
Florida, 1973
U.S. Sixth Circuit, 1980
U.S. Supreme Court, 1978

Education

J.D., Vanderbilt University School of Law, 1973
B.A., with Honors, Political Science and International Relations, University of South Florida, 1965–1969

Professional or Trade Affiliations

Member, (1973 – present), and Board Member, Tennessee Bar Association, 2009 – 2010
Member, Florida Bar Association, 1973 – 2016
Member (1973 – present) and Board Member, Nashville Bar Association, 1994 – 1997
Co-Founder and Member, Marion Griffin Chapter; Lawyers’ Association for Women; 1981 – present
President, Tennessee Judicial Conference, 2009 – 2010
Presiding Judge, Davidson County Trial Judges, 1999 – 2001

Honors and Awards

1999 Recipient of the Nashville Athena Award

Representative Matters

Carol was appointed as the guardian ad litem in 1978 to represent Mary C. Northern, 72, a recluse who refused to consent to the amputation of her two feet when the State of Tennessee sought court approval for the surgery based upon the allegations that she lacked the capacity to consent and was in imminent danger of dying. She had the capacity to consent but would not agree to the surgery. Carol lost at every level, the trial court, the court of appeals, and the Tennessee Supreme Court, (twice at every level) and had filed an appeal to the U.S. Supreme Court for certiorari when she died in May, 1978 – Ms. Northern sustained the gangrene and had no surgery.
In 2016, Carol presided over a jury case, Specialtycare IOM Services, LLC v. Medsurant Holding, LLC involving four allegations of business tort claims – intentionally and maliciously inducing employees and customers to violate or breach the terms of their contracts, procurement of breach of contract, intentionally interfering with existing employee and customer relationships or, alternatively, with prospective business relationships with those employees and customers, i.e., tortious interference with business relationships. The defendants destroyed evidence, repeatedly delayed production of incriminating emails, continued their tortious conduct thoughout the pendency of the trial, all of which the defendants admitted (and apologized ) in the punitive damages stage. The jury awarded $2.8 million in compensatory damages and $16 million in punitive damages, The appellate court reversed Carol’s award of a default judgment on liability and ignored the defendants’ testimony in the punitive stages. Carol retired before the case was reversed but was pleased to learn from the plaintiff’s counsel that mediation was highly satisfactory to their clients.
Carol presided over a hearing after the NCAA charged Vanderbilt with using an ineligible student during its 1997-1998 season. Vanderbilt had recruited an ace pitcher, Hunter Bledsoe, with an outstanding academic record, who produced an outstanding batting average of .389 and had earned Vanderbilt 31 wins. Vanderbilt’s recruiting coach miscalculated the hours that Bledsoe had earned at a junior college, violating an NCAA rule on players who transfer from a four-year school (Duke) to a junior college and then return to another four-year school. Vanderbilt had to forfeit 30 of its 31 wins, the team could not participate in the championship playoffs and Bledsoe was held ineligible for the coming year. He challenged the NCAA’s decision. Carol found no authority to rule against the NCAA. It was a terrible decision for Bledsoe who had been completely unaware of the few missing hours or the NCAA rule.

Rates and Fees

Rates - Carol McCoy

If you have questions regarding our rates and fees, please contact support@milesadr.com

Nashville Rates
2 Party Case: $250 per party; per hour
3 Party Case: $225 per party; per hour
4 Party Case: $200 per party; per hour
5+ Party Case: Flat Rate Available Upon Request
Arbitration Hourly Rate: $500

Travel time and expenses, including meals and lodging, billed separately and split equally among the parties at the Neutral's hourly rate.
Pre/Post Consultation & Document Review: Hourly Mediation/Arbitration Rate

Mediation /Arbitration Admin Fees
Nashville Mediation Admin Fee - $200 per party
Arbitration Commencement And Administration Fee: $1500 per party

MEDIATION CANCELLATION POLICY

Mediations cancelled within 10 days of the mediation will be charged a cancellation fee of $500. However, mediations cancelled, rescheduled or settled within 24 hours of the mediation will be charged 4 hrs. of the Neutral's hourly rate . Cancellation fees shall be sent to the cancelling party unless otherwise agreed to by the parties.

ARBITRATION FEE PAYMENT POLICY

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

ARBITRATION CANCELLATION POLICY

If a single-day Arbitration Hearing scheduled on the merits of the case cancels or reschedules within 15 business days of the hearing, the parties will be charged 4 hours of the Arbitrator’s hourly rate. However, if the single-day Arbitration Hearing cancels or reschedules within 2 business days of the hearing, the parties will be charged 8 hours of the Arbitrator’s hourly rate.

If a multi-day Arbitration Hearing scheduled on the merits of the case cancels or reschedules within 28 business days of the hearing, the parties will be charged 4 hours of the Arbitrator's hourly rate for each day reserved for the hearing. However, if the multi-day Arbitration Hearing cancels or reschedules within 7 business days of the hearing, the parties will be charged 8 hours of the Arbitrator's hourly rate for each day reserved for the hearing.

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.