Sector: bankruptcy
Result: through mediation, the director of the bankrupt company and the liquidator reached a mutually beneficial settlement, which avoided costly litigation and preserved relations.
Challenge: when a company enters bankruptcy, disputes often arise between stakeholders – directors, creditors, liquidators. Such disputes can be expensive and time-consuming, especially when they escalate into litigation. This case shows how mediation can be a powerful tool for resolving such disputes, leading to faster and more friendly results.
Dispute: the liquidator suspected the principal of paying preferential amounts, unfair valuation of assets, misconduct, demanding substantial compensation. The director remained silent, which led to the likelihood of a legal battle.
Intervention: the mediator facilitates a structured dialogue between the parties.
Basic steps to success:
Goal setting: the mediator clarifies goals, encourages openness, and emphasizes the benefits of negotiation rather than litigation.
Transparency and disclosure: encouraged by the broker, the manager provides new evidence and financial information, which promotes trust and understanding.
Open dialogue: both parties discuss events and the manager’s ability to pay, which promotes empathy and explores solutions.
Reaching an agreement: the parties cooperatively reach a settlement that meets the interests of both sides.
The impact of mediation:
Cost-effectiveness: mediation avoids the high costs of litigation, which benefits both parties.
Speed: disputes are resolved faster than judicial proceedings, which minimizes disruption.
Mutually beneficial result: the settlement reflects the needs and interests of both parties, leading to a sustainable solution.
Conclusion: this case demonstrates the effectiveness of mediation in resolving bankruptcy disputes. By facilitating open dialogue, fostering understanding, and encouraging creative solutions, mediation can lead to faster, more cost-effective, and friendly results for all parties involved.
