Mediation in bankruptie
Автор: Negoda Nikita, Tanasienko Inessa
Журнал: Бюллетень науки и практики @bulletennauki
Рубрика: Юридические науки
Статья в выпуске: 1 т.5, 2019 года.
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The article deals with the concepts associated with mediation and bankruptcy in our state. Also studied the historical aspects of the creation of mediation in other countries, and specifically on the example of the United States. The issues of failures in the interaction of bankruptcy and pre-trial resolution (mediation) were raised. Considered federal laws and their gaps in this direction of study. The concept of an arbitration manager and the purpose of his appointment as a whole are studied. An analysis of a new way of conflict resolution is being conducted - mediation, with a traditional analysis of conflict resolution in a judicial order, because the traditional way is less effective and costlier in this area. We propose in this article the introduction of compulsory permission through mediation, which should, in our opinion, bring justice to a new direction, which will effectively carry out its tasks and relieve the judicial instances. We also analyzed the bankruptcy and cooperation of mediation with this trend in general. The fact that they can be combined, and this will greatly affect the relaxation of the judicial system. We propose to consider these issues at the legislative, mandatory level and come to a common opinion.
Pretrial resolution, bankruptcy, law, complaints, mediation, conflicts, mediator, methods, procedures
Короткий адрес: https://sciup.org/14115047
IDR: 14115047 | DOI: 10.5281/zenodo.2539796