Abstract

BRIZ CLARIGET, María José; MARTINEZ VIGIL CIBILS, Daniel  and  RYCHTENBERG MILANS, Florencia. The innovative role of the mediator in bankruptcy procedures. Cooperative management of insolvency. Rev. Derecho [online]. 2020, n.22, pp.90-111.  Epub Dec 01, 2020. ISSN 1510-3714.  https://doi.org/10.22235/rd.vi22.2289.

The article focuses on the analysis of the role of the mediator in the bankruptcy procedure and the advantages that this method has for both the debtor and the creditors. A descriptive and analytical approach is made, which presents mediation as a tool for conflict management, taking into account the international experience and the situation in Uruguay, where a bill was presented to modify the Bankruptcy Law and to create the figure of the mediator in the bankruptcy proceedings. It is concluded that Uruguayan bankruptcy law needs to update its legal regulations and adopt non-adversarial solutions such as mediation, which are a worldwide trend.

Keywords : bankruptcy mediation; bankruptcy mediator; bankruptcy procedures; mediation; alternative dispute resolution; non-adversarial solutions..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )