INKOVEMA Podcast „Well through time“
#56 – Mediation in the reorganisation and restructuring of companies through the StaRUG?
What scope does the new Reorganisation and Restructuring Act (StaRUG, 2021) open up for mediators?
In conversation with Dr Jörg Schneider-Brodtmann
Well through time. The podcast about mediation, conflict coaching and organisational consulting.
Dr Jörg Schneider-Brodtmann, LL.M.Lawyer and certified mediator, specialist for large-scale IT projects (deal mediation), Menold Bezler Rechtsanwälte Steuerberater Wirtschaftsprüfer Partnerschaft mbB, Stuttgart. joerg.schneiderbrodtmann@menoldbezler.de
Contents:
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By creating a statutory stabilisation and restructuring framework, the StaRUG closes the gap between the insolvency procedure as a legally formal and integrated overall procedure and a so-called out-of-court "free" restructuring procedure, which is party-autonomous and purely consensual – and is otherwise not regulated by law.
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The StaRUG creates two new roles for this pre-insolvency restructuring period: the optional restructuring officer and the restructuring facilitator. The mandatory restructuring officer, on the other hand, is appointed ex officio.
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Both the facultative restructuring officer and the restructuring facilitator have been conceived and formulated based on the model of a mediator, although they also have a monitoring and control function. The need for mediative competences was at least suggested by law. However, none of the role holders in the StaRUG are genuine mediators.
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However, mediation skills are required in the StaRUG context in order to act as a negotiator and mediator.
- Mediators can therefore develop fields of activity as knowledge and experience mediators in exchange with reorganisation and restructuring experts (further training) as well as acting in practice to relieve the burden on these same reorganisation and restructuring experts (practice).
Literature:
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Schneider-Brodtmann, Jörg: Mediation in the corporate crisis - New impulses through the StaRUG, in: ZKM 2021, 89-94.
Left:
- Website: www.menoldbezler.de
By creating a statutory stabilisation and restructuring framework, the StaRUG closes the gap between the insolvency procedure as a legally formal and integrated overall procedure and a so-called out-of-court "free" restructuring procedure, which is party-autonomous and purely consensual – and is otherwise not regulated by law.
The StaRUG creates two new roles for this pre-insolvency restructuring period: the optional restructuring officer and the restructuring facilitator. The mandatory restructuring officer, on the other hand, is appointed ex officio.
Both the facultative restructuring officer and the restructuring facilitator have been conceived and formulated based on the model of a mediator, although they also have a monitoring and control function. The need for mediative competences was at least suggested by law. However, none of the role holders in the StaRUG are genuine mediators.
However, mediation skills are required in the StaRUG context in order to act as a negotiator and mediator.
Schneider-Brodtmann, Jörg: Mediation in the corporate crisis - New impulses through the StaRUG, in: ZKM 2021, 89-94.
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