posted by organizer: marisois || 8399 views || tracked by 2 users: [display]

TDM - Mediation-Insolvency 2017 : TDM Call for Papers: Comparative and International Perspectives on Mediation in Insolvency Matters

FacebookTwitterLinkedInGoogle

Link: https://www.transnational-dispute-management.com/news.asp?key=1648
 
When Jan 1, 2017 - Jul 1, 2017
Where online
Abstract Registration Due Mar 31, 2017
Submission Deadline Jul 1, 2017
Final Version Due Jul 1, 2017
Categories    mediation   comparative law   insolvency   law
 

Call For Papers

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.

TDM articles will be selected on the basis of submitted abstracts, subject to a peer review system. Abstracts must not exceed 1,000 words. In addition to the abstract, each submission should contain as a separate file a one-page CV, including the author's name, affiliation and contact details and a list of key publications.

- Proposals for papers should be submitted to the editors on or before 31st March 2017.

- Accepted papers should be submitted to the editors on or before 31st July 2017.

- Publication of the special issue is expected during the third quarter of 2017.

[1] For purposes of this Call for Papers, mediation is defined as "_... a structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on a settlement of their dispute with the assistance of a mediator._" See EC Directive 2008/52 of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

[2] Basic information about this Pilot Project is available at the Poder Judiciário Tribunal de Justiça do Estado do Rio Grande do Sul <http://www.tjrs.jus.br/site/processos/conciliacao/superendividamento.html>

Related Resources

Migrating Minds 2025   Migrating Minds. Journal of Cultural Cosmopolitanism, Issue 4, Spring 2025
WSDF 2024   17th International Workshop on Digital Forensics
Call For Papers Special Issue 2024   Smart Cities, innovating in the Transformation of Urban Environments
DMM&L 2024   2nd International Conference on Decision Making in Medicine and Law: Opportunities and pitfalls of information technologies
Call for Chapters - CRC Press 2024   Internet of Things: Challenges and Advances
Common/Civil Law Asia 2024   Conference: ‘Common Law Forms in Civil Law Asia’
PJA Call for Guest Editors 2025   The Polish Journal of Aesthetics: Call for Special Issue Proposals and Guest Editor Recruitment
TIAMSA AMC_PSB 2024   Colloquium: Good Practices in the Art Market
Dialogical Approaches to the Sphere ‘in 2024   Call For Papers - Dialogical Approaches to the Sphere ‘in-between’ Self and Other: The Methodological Meaning of Listening
Philosophical Approaches to Games and Ga 2024   Call For Papers - Philosophical Approaches to Games and Gamification: Ethical, Aesthetic, Technological and Political Perspectives