Practical Tips from Three Former Chief Bankruptcy Judges on How to Maximize your Mediation (Presented by the Federal Bar Association’s Bankruptcy Law Section)

Hon. Harlin DeWayne Hale
Hon. Craig A. Gargotta
Hon. Alan S. Trust
Jon Lieberman
Hon. Harlin DeWayne Hale | JAMS
Hon. Craig A. Gargotta | Western District of Texas
Hon. Alan S. Trust | JAMS
Jon Lieberman | McCalla Raymer Leibert Pierce, LLP

Live Video-Broadcast: November 16, 2026

1 hour CLE

Tuition: $395.00
Subscribe to Federal Bar Association CLE Pass...
Co-Sponsored by myLawCLE
Get this course, plus over 1,000+ of live webinars.
Learn More
This program is only available to All-Access Pass Members.
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

 

The judges who ran the courtroom now explain the settlement room

Jon Lieberman moderates a panel on bankruptcy mediation with three former Chief Bankruptcy Judges — Harlin DeWayne “Cooter” Hale (N.D. Tex.), Craig A. Gargotta (W.D. Tex.), and Alan S. Trust (E.D.N.Y.). Between them: decades of bankruptcy litigation, mediations, and settlements, seen from the bench and the mediator’s chair.

The hour follows the mediation itself. Why bankruptcy litigation differs from most commercial trial work. The preparatory calls. Mediation statements — what to focus on, what to avoid. Mediation strategy and the goal of the advocate. And the mediator’s approaches to wants and needs.

Attendees pick up concrete tips on preparing themselves and their clients for mediation and on maximizing the benefits of the process — judgment formed over tens of thousands of cases, offered by the judges who decided them.

Key topics to be discussed:

  • Bankruptcy Litigation Is Different
    Why bankruptcy litigation differs from most commercial trial work.
  • Preparing Yourself and Your Client
    How to best prepare yourself and your clients for mediation, starting with the preparatory calls.
  • Mediation Statements That Work
    What to focus on — and what to avoid — in mediation statements.
  • The Advocate’s Goal
    Mediation strategy: what the advocate is actually trying to achieve at the table.
  • Wants, Needs, and the Mediator
    The mediator’s approaches to wants and needs.
  • Maximizing the Process
    How to maximize the benefits of the mediation process, drawn from decades of bankruptcy
    litigation, mediations, and settlements.

This course is co-sponsored with myLawCLE.

Date / Time: November 16, 2026

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

Hon. Harlin DeWayne Hale, Mediator & Arbitrator | JAMS

Hon. Harlin DeWayne Hale (Ret.) joined JAMS after nearly 20 years on the U.S. Bankruptcy Court for the Northern District of Texas, including service as Chief Judge.

  • Education & Credentials

Judge Hale earned his J.D. from the Paul M. Hebert School of Law at Louisiana State University (1982), where he was elected to the Order of the Coif and served as an Associate Editor of the Louisiana Law Review, and his B.S. from Louisiana State University (1979).

  • Recognition & Leadership

He received the American Bankruptcy Institute’s William L. Norton Jr. Judicial Excellence Award in 2019, the American Inns of Court Bankruptcy Inn Alliance Distinguished Service Award in 2021, and the Dallas Bar Foundation’s Justinian Award in 2024.

  • Professional Involvement

Judge Hale is a Fellow of the American College of Bankruptcy, a member of the American Law Institute, and a member of the Honorable John C. Ford American Inn of Court. A respected educator and speaker, he served for 15 years as a visiting professor at Southern Methodist University Dedman School of Law, where he taught creditors’ rights.

  • Experience

During his judicial tenure, he presided over thousands of bankruptcy cases, authored more than 160 opinions, and was cited favorably by the U.S. Supreme Court in Czyzewski v. Jevic Holding Corp. Prior to joining the bench, Judge Hale built a distinguished private practice focused on bankruptcy, banking, real estate, and complex business litigation, including serving as the regional partner overseeing the bankruptcy practice at Baker & McKenzie in Dallas. His experience spans complex Chapter 11 restructurings, health care insolvencies, and other significant commercial matters. His combined experience on the bench and in private practice gives him a practical and balanced perspective on complex bankruptcy and insolvency disputes.

 

Craig A. Gargotta_FedBarHon. Craig A. Gargotta, U.S. Bankruptcy Judge | Western District of Texas

The Hon. Craig Gargotta (J.D. ‘19) was appointed to the bench on October 1, 2007. He was then appointed Chief Bankruptcy Judge for the Western District of Texas on November 2, 2021.

  • Education & Credentials

Judge Gargotta has a B.A. and M.A. from Texas A&M University and his J.D. from St. Mary’s School of Law in San Antonio, Texas.

  • Recognition & Leadership

Judge Gargotta currently serves as a Master in the Larry E. Kelly Inn of Court and Director of the Texas Aggie Bar Association.

  • Professional Involvement

Judge Gargotta is a member of the NCBJ, Federal Bar Association, and Larry E. Kelly Inn of Court. He serves as an Associate Editor for the American Bankruptcy Law Journal and is an adjunct professor at St. Mary’s Law School. Judge Gargotta has spoken at numerous bar conferences on a local and national level.

  • Experience

After law school he clerked for the Honorable Ronald B. King, United States Bankruptcy Judge for the Western District of Texas. He then served as an Asst. U.S. Attorney for 17 years prior to taking the bench.

 

Hon. Alan S. Trust, Mediator & Arbitrator | JAMS

Hon. Alan S. Trust (Ret.) is a former U.S. Bankruptcy Judge and seasoned mediator who joined JAMS after more than 18 years on the United States Bankruptcy Court for the Eastern District of New York, including service as Chief Bankruptcy Judge from 2020 to 2026.

  • Education & Credentials

Certified as a mediator since 1989, he has extensive experience mediating complex bankruptcy, business, commercial, insurance, professional liability, and real estate disputes. Judge Trust earned his J.D., cum laude, from New York University School of Law, where he was selected to serve on the Law Review.

  • Recognition & Leadership

In 2023, Chief Justice John G. Roberts, Jr. appointed Judge Trust as the sole bankruptcy judge observer to the Judicial Conference of the United States. He was inducted as a Judicial Fellow of the American College of Bankruptcy in 2025 and was named to Law360’s Bankruptcy Editorial Advisory Board in 2026. Judge Trust has received the Conrad B. Duberstein Memorial Award for Excellence and Compassion in the Bankruptcy Judiciary and the Association of Insolvency and Restructuring Advisors’ Judicial Service Award.

  • Professional Involvement

He also helped establish the Eastern District of New York Bankruptcy Court’s Pro Bono Mediation Program and was designated by the Second Circuit to mediate matters in multiple federal districts. A frequent educator and speaker, he taught bankruptcy law at St. John’s University School of Law from 2009 to 2025 and regularly contributes to CLE programs nationwide.

  • Experience

During his judicial tenure, Judge Trust presided over more than 40,000 bankruptcy cases and 2,500 adversary proceedings, issued over 110,000 orders, and authored more than 120 published opinions. Before joining the bench, he spent more than 20 years in private practice as a founding partner of two law firms, focusing on bankruptcy, business, commercial, and real property matters.

 

Jon Lieberman, Senior Attorney | McCalla Raymer Leibert Pierce, LLP

Jon Jay Lieberman is National Chapter 11 Counsel at McCalla Raymer Leibert Pierce LLP.

  • Education & Credentials

Jon was a Louise Taft Semple Classics Scholar, Phi Beta Kappa, Summa Cum Laude, Distinguished Military Graduate of the University of Cincinnati, and of its College of Law.

  • Recognition & Leadership

He is former Co-Chair of ABI’s Consumer Bankruptcy Committee for which he was designated Committee Person of the Year, former Co-Chair of ABI’s Legislation Committee, and former Education Director of ABI’s Commercial and Regulatory Law Committee. Jon currently serves as Special Projects Leader of ABI’s Bankruptcy Litigation Committee. A former Air Force Officer, he is Co-Chair of Outreach for ABI’s Veterans and Servicemembers Task Force, and is a former member of ABI’s 40 under 40 Selection Committee. Jon currently serves on the Editorial Board of The Federal Lawyer, the journal of the Federal Bar Association, and is Secretary of FBA’s national Bankruptcy Law Section. He is a Board Officer of the Southern District of Ohio Bankruptcy Bench-Bar Conference, and former leader of the Southern District of Ohio’s American Bankruptcy Law Forum. Jon is a former member of the Board of Trustees of the Cincinnati Bar Association, and is former Chair of the CBA’s Real Property Law Committee.

  • Professional Involvement

Nationally, Jon is very active in the American Bankruptcy Institute, and the Federal Bar Association. Jon serves as both an Associate Editor and a Coordinating Editor of the American Bankruptcy Institute Journal, and is co-author of the ABI book “Thorny Issues in Consumer Bankruptcy Cases.” Locally, Jon is former Co- Chair of the Consumer Bankruptcy Subcommittee of the United States Bankruptcy Court for the Southern District of Ohio Attorney Advisory Committee, and is currently a member of the Chapter 11 subcommittee.

  • Experience

Jon’s practice focuses on representing financial institutions in bankruptcy proceedings, including Chapter 11 matters, trial-level litigation, and appellate advocacy, bringing extensive experience in bankruptcy litigation and complex contested matters across multiple jurisdictions nationwide.

Agenda

SESSION 1 – Practical Tips from Three Former Chief Bankruptcy Judges on How to Maximize your Mediation | Hon. Harlin DeWayne “Cooter” Hale & Hon. Craig A. Gargotta & Hon. Alan S. Trust & Jon Lieberman | 2:00pm – 3:00pm

Jon Lieberman will moderate a panel discussion on bankruptcy mediation with three retired Chief Bankruptcy Judges – Harlin DeWayne “Cooter” Hale (NDTX), Craig A. Gargotta (WDTX) and Alan S. Trust (EDNY). The speakers will discuss their decades of experience with bankruptcy litigation, mediations and settlements, present tips on how to best prepare yourself and your clients for mediation, and maximizing the mediation process.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

More CLE Webinars
Upcoming CLE Webinars
AI-Augmented Legal Workflows: A Map to Success
AI-Augmented Legal Workflows: A Map to Success Tue, November 10, 2026
Live Webcast