Out of Court Payment Agreement. A Sui Generis Mediation in Insolvency Matters in Spain
Article from: TDM 4 (2017), in Comparative and International Perspectives on Mediation in Insolvency Matters
This paper focuses on the analysis of the out of court payment agreement, provided in articles 231 et seq. of the Spanish Act on Insolvency, as a mediation procedure. It analyses to what extent this specific out of court instrument meets the principles of mediation pursuant to the Spanish Act on Mediation. It is explained how the voluntary basis, neutrality, and confidentiality are substantially nuanced in mediation in insolvency matters.