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TDM Call for Papers: "Comparative and International Perspectives on Mediation in Insolvency Matters"

2 January 2017

Update November 2017: TDM 4 (2017) Special Issue on "Comparative and International Perspectives on Mediation in Insolvency Matters"  has been published, you can view the table of contents here https://www.transnational-dispute-management.com/journal-browse-issues-toc.asp?key=74 

We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Comparative and International Perspectives on Mediation in Insolvency Matters". This special issue is going to analyse the current scenario as well as new trends, developments, and challenges that mediation faces in the context of insolvency matters.

This special issue is co-edited by Laura Carballo Piñeiro (University of Santiago de Compostela-Spain) and Katia Fach Gómez (University of Zaragoza-Spain), under the framework of Research Project DER2016-80568-R.

As the culture of debt restructuring and debtor rehabilitation expands and business liquidation is criticized, the role of mediation[1] in insolvency matters grows in significance. Although insolvency office-holders usually possess appropriate negotiation skills, specialized neutrals are engaged as mediators in insolvency cases in order to avoid delays and unnecessary costs. The US experience in the Lehman Brothers' insolvency is a case in point in the international context. Likewise, the success of the UK's schemes of arrangement in attracting foreign companies willing to restructure their business shows that means to avoid an expensive insolvency proceeding are urgently required. Beyond the realm of corporate insolvency, mediation may also play a key role in other national scenarios, as the Spanish regulation shows by relying on mediation to address insolvencies of low value. In fact, it may even be the only option to offer individuals a way out in countries where insolvency law does not provide individuals a second chance. An interesting initiative in this regard is the Mediation Pilot Project put in motion under the umbrella of the Rio Grande do Sul State Judiciary.[2] That Pilot Project is filling the gap in Brazilian legislation and has proven the efficiency and effectiveness of ADR mechanisms in providing a new approach to insolvency.

In the light of this general trend towards making ADR methods another tool in a successful business restructuring and in providing a second chance to natural persons, this Call for Papers aims at analyzing national and comparative law issues as well as international approaches regarding the following topics:

• The role and scope of mediation in insolvency matters;
• The role of insolvency courts in the use of mediation by affected parties;
• The legal status of insolvency mediators, including professional qualifications, rights, duties and liability issues;
• Mediation procedure, including commencement, timetable, choice and appointment of mediators;
• Legal effects of mediation on prescription times, pending proceedings and agreements concluded through mediation;
• Legal and non-legal reforms required to foster mediation in the national and international insolvency context;
• Legal aspects of cross-border insolvencies (e.g., conflict-of-laws issues such as the law governing the mediation procedure or applicable to insolvency mediators, as well as the cross-border effects of mediation);
• Empirical studies dealing with the above-referred issues.

We invite all of those interested in the subject to contribute to this special issue with unpublished or previously published articles, conference papers, research papers and case studies dealing with one of the above topics or any other relevant issue. Interdisciplinary contributions and co-authored papers are also welcomed.

This special issue will be edited by:

 

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