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First, the greater use of mediation in a cross-border insolvency matter could be encouraged through the more widespread adoption and implementation of the Singapore Convention on Mediation, which entered into force on 12 September 2020. ‘The team is very dedicated and focused on their clients’ interests and their assistance is always business oriented’.‘Martine de Koning is a real expert in the retail field’.‘Market leaders within IP and franchising’. The use of mediation specifically to enhance informal rescue outcomes is reflected in the principles and policy recommendations released by INSOL International and the World Bank.

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It took the basic truths of collaborative negotiation and the elegance of design thinking to produce a package which has fired imaginations of policymakers and new legal service types worldwide. If the old ways of doing things were too expensive, then the new ways probably looked like Rechtwijzer. “We highly recommend Martine de Koning, first and foremost because of her knowledge and creativity in providing solutions and strategic thinking.” The use of mediation in an insolvency setting has, to date, had the strongest uptake in the United States, where mandatory court referral powers to mediation in bankruptcy matters are common in many courts and have been frequently utilized in Chapter 11 cases. Extending these powers in other jurisdictions is one way to incentivise the growth of mediation as a viable insolvency resolution tool—as well as encouraging the further adoption and implementation of the Singapore Convention to provide an internationally-consistent framework for the enforceability of mediation settlement agreements in a cross-border insolvency matter. The valuable role of mediation in that context was seen in the Boy Scouts of America bankruptcy in the United States. Boy Scouts, which filed for Chapter 11 in February 2020, faced, among other claims, 82,209 unique claims alleging “scouting-related” sexual abuse. Annemieke van der Beek specialises in payment services work in particular, counsel Martijn van Bemmel has experience advising on matters across the financial, banking, retail, transport and IT sectors, and Martine de Koning has expertise handling commerce and trade work; the three oversee the team. Annemieke van der Beek, Martijn van Bemmel and Martine de Koning co-head the EU and competition team at Kennedy Van der Laan, which has a leading position in the Dutch banking and finance sector, and is also active in the public transport and hospitality sectors. Van der Beek is particularly noted for her competition expertise in the payment services market. Recommendation B4 of the ICR Principles states that “an informal workout may work better if it enables creditors and debtors to use informal techniques, such as voluntary negotiation or mediation or informal dispute resolution”. Further, Recommendation D5.4 states that, as part of a best-practice insolvency regime, the legal system should “support and encourage the use of mediation, conciliation and other alternative dispute resolution techniques in simplified procedures” for micro and small enterprises (MSEs). In Lehman Brothers Holdings, the United States Bankruptcy Court appointed mediators to assist in the resolution of complex disputes with approximately 250 counterparties. In this case, three court-appointed mediators, including a former bankruptcy judge, played a pivotal role in negotiating and resolving an array of disputes that paved the way for Boy Scouts to obtain confirmation of its Chapter 11 reorganisation plan in September 2022, with the plan becoming effective in April 2023. Aside from the Singapore Convention, the introduction of new court procedural rules in local jurisdictions could support the use of mediation in insolvency matters, by providing courts with the power to refer the parties to mandatory mediation at any point of an insolvency process. ga naar deze website of that kind are currently very limited globally, with the United States being a notable exception. There, 40 of the 90 United States Bankruptcy Courts now permit, by rule or standing order, a bankruptcy judge to order the parties to a dispute to attempt mediation. In the Delaware Bankruptcy Court, a mandatory mediation program for adversary proceedings has been in place since 2004.