Приложение на медиацията в производството по несъстоятелност

Резюме:

The resent importance of this topic is determined by the requirements of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters towards the member states concerning the transposition of its provisions on international cases within specified term. The ultimate goal is to provide better access to justice as part of the EU policies for establishing an area of freedom, security and justice which should include access to both judicial and extrajudicial methods of dispute resolution. Successful use of mediation in insolvency proceedings as part of commercial cases is predetermined by the objectives set in art. 607 of the Commercial Code: fair compensation for the creditors and the possibility of recovery of the debtor. Mediation can be used successfully in different stages of the insolvency proceedings: submitting claims, decisions of the creditors committee, confirming a recovery plan, reaching an out-of-court agreement, etc. Without a doubt one of the most efficient uses of mediation is at the stages of drafting, proposing and confirming a recovery plan when the mediator acts as a third party – impartial and neutral figure, which can balance the interests of creditors and debtor. Mediation and other extrajudicial methods of dispute resolution are important tools in deciding civil and commercial cases the United States and many European countries. The ever growing number of international insolvency cases led to the adoption of the Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

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