Prior Corporate Insolvency System - previous mediation and conciliation

Abstract

This paper addresses, from a theoretical and dogmatic perspective, the new legal doctrine applicable to previous mediation and conciliation in the reorganization of companies in difficulty. The central argument is that mediation (and all other non-adversarial methods of conflicts) can contribute significantly to making recovery plans more transparent. Therefore it allows for realistic and sustainable reorganizations plans, adapts to the interests of creditors and the company, and increases the commitment of all stakeholders to the company's recovery. Keywords: mediation; conciliation; alternative dispute resolution. company reorganization; Act nº 14.112/2020.