Primena medijacije kod restrukturiranja

Abstract

In order to improve business and overcome dificulties, business entities resort to various measures. They can be carried out within or out of any of the procedures established by law. Serbia’s positive law recognizes mediation as a way of resolving disputes. For business entities, the possibility of financial restructuring agreement assisted by institutional mediation is foreseen. Although the legislation does not explicitly provide for it, it is not excluded that the business entity – the debtor, assisted by an individual mediator, reaches an agreement on restructuring with its creditors. In addition, by signing the Singapore Convention on Mediation, Serbia introduced the possibility of cross-border settlement of commercial disputes through mediation. However, in practice, debtors rarely opt for mediation. In the European Union, new preventive instruments are being introduced to prevent insolvency, out of court or in court proceedings. They are intended for honest but insolvent business entities. The purpose of this paper is to analyze the possibility of using the general mediation framework in the restructuring of business entities according to the existing legislation and to consider the possibility of its formal inclusion in the range of preventive instruments.