Executive Summary

The use of mediation to enhance the possibility of business restructuring in the face of financial distress or the success of ongoing court insolvency proceedings has been increasing worldwide. The benefits have been many and multi-faceted, which has prompted many developing countries to provide for the use of mediation in their recent insolvency law reforms. It is most longstanding in the United States, where bankruptcy courts often mandate mediation of certain motions to streamline administration. Its use is growing in Europe, particularly for preliminary or out of court ...