MEET THE MEDIATOR: DOUG BERRY
Doug is a partner in small law firm, Hubbard, Berry & Harris, PLLC, specializing in municipal, state regulatory and administrative law, land-use, eminent domain, commercial, insurance subrogation, and employment litigation. He was City Attorney for Franklin, Tennessee, from March 1989 through January 2007, handling all litigation and non-litigation matters, drafting of ordinances and resolutions, approval and negotiation of contracts, counseling and representation of officers, departments, boards, and commissions for fast-growing bedroom community of 55,000 just south of Metro Nashville. Mr. Berry has represented other Tennessee cities in zoning, employment, annexation, property tax and other matters: Smyrna (Interim Town Attorney since April 2009), Springfield, Cookeville, Murfreesboro (School Board), Pulaski, Orlinda (Town Attorney since 2000), Franklin Building and Franklin Housing Authority, among others. Doug has been first-chair in scores of trials and administrative hearings, including fifteen jury trials in a variety of areas--employment discrimination, annexation, land use, eminent domain, personal injury, lender liability, consumer fraud, and general commercial litigation and has handled all appeals in above cases, with significant decisions obtained in the areas of municipal law, zoning, sign regulation, and consumer law.
Doug has been a Rule 31 Mediator since 2001. having mediated over seventy employment, construction, real estate, governmental, and commercial disputes.
A Conversation with Doug:
What is in your mediator tool kit? What is your favorite or most used tool?
Tool kit: Active listening, humor, and patience.
Favorite tool:
Using polite, but pointed questions to get at real reasons for a party's inability to see the other side's position or their resistance to settlement.
If you were a superhero/mediator what would be your name and slogan?
"Atticus"
"You never really understand a person until you consider things from his point of view - until you climb into his skin and walk around in it."
What is your pet peeve?
Lawyers or parties who don't set aside enough time for the mediation.
Close second: Lawyers who keep their clients pumped up about unreasonable positions or who push their clients too hard, too early, to settle, believing that they are assisting the mediator.
Are you married/do you have kids/pets etc?
I have been married for thirty years to Ray Smith Berry and we have three children, Hamilton (24), Claire (22) and Zan (19).
What are your hobbies?
Tennis, reading, working word puzzles—New York Times Crossword and Atlantic Puzzler.
Why did you become a mediator?
I became convinced of the wastefulness, acrimony, and unnecessary expense attendant to most civil litigation and wanted to find a way to make a more constructive and creative contribution to the legal system. (P.S. – I still represent clients in lawsuits.)
What is your favorite mediation read?
I don't have a favorite, but I did recently read and enjoy High Conflict People in Legal Disputes, by Bill Eddy.
What is your phobia?
It is not exactly a phobia, but, within the mediation process, the person that I dread the most is the deliberatively manipulative person who does not participate in good faith.
What is your favorite vacation spot?
Berlin. (Long story)
Personal or professional accomplishments you are particularly proud of:
I served as chair of Nashville's Sister Cities organization from 1999 to 2008 and helped found the sister city with Magdeburg, Germany. Since 2004, I have been the Honorary German Consul for Tennessee.
Where are you from and how did you end up in Nashville?
I was born in Nashville and grew up in Franklin. After going out of state to attend college, I returned for law school at Vanderbilt and never considered living anywhere else. Fortunately, I also convinced my wife of this. My family has deep roots in Nashville and Middle Tennessee.
Please complete these sentences:
“I have a burning desire to see my children successful and happy.
“People tell me I look like my maternal grandfather and uncle, both named Hamilton Douglas.” When I was younger, I had a friend who said I looked like Jim Courier, the professional tennis player.
“If I could have a 30 minute conversation with anyone (alive or otherwise, famous or not), I would want to speak with my Mother again.”
What is your favorite TV show?
Seinfeld, even in re-runs.
What is your favorite food/restaurant?
I love Southern cooking in the summertime when everything is fresh--corn on the cob, fresh tomatoes, green beans and cornbread, and cherry cobbler. My favorite restaurant, lately, is Eastland Café.
What is your favorite flavor of ice cream?
It varies. "Breyer's" coffee is my current favorite.
Knowing what you now know about life etc., would you choose the same career path? If not, what would you like to do?
Probably. The alternatives I have thought about are the diplomatic service and writing.
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