Features and advantages of mediation at the current stage of development of this institution (on the example of bankruptcy proceedings)

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This research paper deals with the current topic, which is devoted to the consideration of the peculiarities of conducting mediation in bankruptcy. The article focuses on the fact that the institution under consideration is aimed at stopping the activities of inefficient legal entities and promptly redistributing the assets of this organization to more "strong" market participants. The author pays attention to the fact that domestic legislation provides only for judicial resolution of various types of conflicts that arise in the bankruptcy procedure, when many aspects indicate the ineffectiveness of the presented method.According to the author, mediation should be a mandatory pre-trial procedure for bankruptcy. The application of this proposal in practice will help reduce the number of applications received by arbitration courts for declaring the debtor bankrupt, as well as the possibility of more effective and rapid dispute resolution.

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Bankruptcy, mediation procedure, judicial procedure, interests of the parties, assets, court proceedings, procedural terms, pre-trial settlement

Короткий адрес: https://sciup.org/170187244

IDR: 170187244   |   DOI: 10.24411/2500-1000-2020-11436

Статья научная