Typical conflicts in restructurings, especially in insolvencies of group of companies, are well-suited for mediation or mediation techniques. Under newly enacted rules on insolvencies of group of companies, both the European and the German legislator have introduced the position of a coordinator for the better handling of insolvencies in the event that several companies of a group are involved. The coordinator is modelled on the concept of a mediator. In the future the mediating approach in restructurings will even play a more important role than it has until now, write Steffen Schneider and Carl-Christian Kramer (both BBL Bernsau Brockdorff) in Betriebsberater 2018, page 713.
Download: BB_180323_konzerninsolvenzrecht.pdf
