Achieving Consensus in Bankruptcy Disputes Through Mediation

Level: Advanced
Runtime: 74 minutes
Recorded Date: July 12, 2019
Click here to share this program
Download PDF


  • ADR in the U.S. Courts
  • Litigation Alternatives
  • Advantages of Mediation
  • Mediation in Bankruptcy Cases and Disputes
  • Mandatory Mediation
  • Mediation Procedures
  • Preliminary Obligations and Procedures
  • Top Ten Mistakes
  • Mediators' Methods
  • Strategies for Effective Negotiations
  • Attorney-Client Relationship
  • Tips and Traps for Participants
  • Reaching an Agreement
  • When Mediation Fails
  • Q & A
Runtime: 1 hour and 14 minutes
Recorded: July 12, 2019


In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.

This program was recorded as part of ABI's 2019 Northeastern Bankruptcy Conference & Consumer Forum on July 12th, 2019.

Provided By

American Bankruptcy Institute


Berry B. Mitchell

ADR Administrator, Arbitrator/Mediator
U.S. District Court - Rhode Island

Berry Mitchell is the program administrator for the Alternative Dispute Resolution Program for the United States District Court, District of Rhode Island. He is a member of the Court’s Alternative Dispute Resolution Panel, providing arbitration and mediation services to civil litigants. Beyond his dual role as Director and ADR Panel member, Mr. Mitchell provides education, training, consulting services and technical assistance to both federal and state courts nationwide. He has actively taught at the undergraduate, graduate and law school levels, courses including: ADR, ADR Practice, American Legal History, Civil Procedure and Judicial Administration. He has served as an ADR trainer-facilitator for federal court ADR panels throughout the United States.

Mr. Mitchell’s experiences span a wide range of activities in support of ADR and ADR programs at the national level, including his appointment in 2010 by the Director of the Administrative Office of the U.S. Courts to a one-year term of service as a member of a national ADR Working Group; two years of service as Co-Chair of the ABA Dispute Resolution Section Committee on Court ADR Programs; service as a Member of the Federal Judicial Center's ADR Education Project Advisory Group, and as a designated ADR Consultant for the Federal Judicial Center’s Program for Consultations in Dispute Resolu-tion, which provides on-site consulting services to federal district and bank-ruptcy courts nationwide; and a member of the ABA’s Court ADR Program Advisors Project.

Beyond his formal education and training in law and judicial administration at the University of Denver, College of Law, Mr. Mitchell received ADR training at the Harvard Law School, Program of Instruction for Lawyers in both basic and advanced negotiation; mediation training sponsored by the Lex Mundi College of Mediators; both basic and advanced ADR Panel Certification Train-ing mandated by the U.S. District Court, District of Rhode Island. Mr. Mitchell has also received advanced Circuit Mediator Training sponsored by the Federal Judicial Center.

In addition to his formal ADR training, Mr. Mitchell has completed ADR education and training arising out of educational programs, conferences, seminars and workshops sponsored by The American Bar Association, Dispute Resolution Section; The Harvard Negotiation Law Review; the Federal Judicial Center; The Connecticut Bar Foundation; The New England Chapter of the Association for Conflict Resolution; The Society of Profession-als In Dispute Resolution; Mediation Works Incorporated; The Labor Research Center and Graduate Professional Center at the University of Rhode Island; Federal Dispute Resolution Conference, Incorporated; The University of Arkansas School of Law; Roger Williams University School of Law; Quinnipiac University School of Law and the University of Washington School of Law.

Hon. Louis H. Komreich (ret.)

Of Counsel
Bernstein, Shur, Sawyer & Nelson, P.A.

After a distinguished 40 year career as one of Northern New England’s top reorganization specialists, the last 14 of which were spent on the U.S. Bankruptcy Court for the District of Maine where he served as Chief Judge, Lou Kornreich joined Bernstein Shur to provide mediation services in the private sphere. While on the bench, Lou sat for extended periods of time as a visiting bankruptcy judge in the Districts of Delaware and New Hampshire and as an appellate judge on the Bankruptcy Appellate Panel for the First Circuit.

During his tenure on the bench, Lou was a sought-after judicial mediator in the Bankruptcy Court and the U.S District Court, and was held in high esteem by the bench and bar and for his multifaceted approach to mediation and his skill at helping parties achieve comprehensive and pragmatic solutions in difficult cases.

Lou is a registered mediator in the Southern District of New York, the District of Delaware and the District of Massachusetts. His mediation work covers bankruptcy matters and all aspects of civil litigation.

Lou is widely known and well-regarded for being a neutral facilitator who knows when to provide case evaluation and direction.

As a judge, Lou presided over some of the largest and most complex reorganization cases in Maine history, including Great Northern Paper, and two Canadian cross-border cases: Androscoggin Energy, a natural gas case covering several North American jurisdictions, and the Montreal, Maine & Atlantic Railway case arising from the tragic Lac Megantic fire.

Lou is an author and sought-after speaker on mediation topics, presenting for ABI, NYIC and other groups including Touro Law School where he was the distinguished lecturer in the fall of 2017. Other notable presentations include an ABI national webinar on the issue of confidentiality in mediation and the ABI Portable Mediation Program. His articles published in the ABI Journal include “Bankruptcy Court: Religious Court’s Edict Violated the Automatic Stay” and “Achieving a Balance Between Absolute Neutrality and a Participant’s Desires in Mediation”.

He is a member of the American Bankruptcy Institute where he currently serves as a co-chair of Special Projects for the Mediation Committee. He is also a member of the National Conference of Bankruptcy Judges, and is a Fellow of the American College of Bankruptcy.

Hon. Joan N. Feeney (ret.)

Case Manager

Hon. Joan N. Feeney (Ret.) joins JAMS following almost 27 years on the bench of the United States Bankruptcy Court for the District of Massachusetts and 23 years as a member of the United States Bankruptcy Appellate Panel for the First Circuit. Judge Feeney presided over a full range of cases, including complex commercial cases with multiple parties and conflicting interests. While on the bench, she wrote over 500 opinions in many different areas of the law.

Judge Feeney earned a reputation from the start of her career for being a supremely capable lawyer who always treated everyone with the utmost respect and civility. She has an incomparable ability to distill even the most complex case down to its essence, while still minding the details.

Impartial, compassionate, candid, fair-minded, tireless and a brilliant jurist are words that counsel have used to describe Judge Feeney. Her people skills are unparalleled, and she is able to offer compelling solutions to individuals with differing personalities.

Similar Courses

Card image cap
92 minutes
#MeToo: Empowering Employees and Employers to Address Workplace Sexual Harassment & Violence
Join our expert attorneys as they discuss how employers can work to prevent and eliminate sexual harassment and violence in their workplace, and create an environment in which employees are able to respond to and report incidents without fear of retaliation. Not only is there a deep moral imperative to rectify sexual harassment in the workplace and promote an equitable work environment, but also there is significant monetary liability as a potential consequence for employers who fail to address harassment in the workplace.

American Bar Association


Add to Cart
Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute


Add to Cart
Card image cap
63 minutes
2018 CA Consumer Privacy Act: The Big Tail Wagging the U.S.
In this session, two leading information governance attorneys will share why you need to and how you can be ready.



Add to Cart
Card image cap
50 minutes
2019 Regulatory Outlook: Ensuring Compliance Across SEC, DOL and NAIC Regulations
Most insurers are moving ahead with their risk and compliance initiatives, even as regulatory uncertainty poses significant and ongoing challenges. Lawmakers and regulators are striving to make necessary changes and updates to applicable laws and regulations, which insurers are expected to comply with going forward, however in some areas, the requirements aren’t yet so clear. This session will highlight some of the biggest risks within the industry and how insurers can implement strategies to stay on top of these new and at times, confusing, changes.

General Counsel Conference


Add to Cart
Previous Next