El mediador concursal: árbitro, juez y parte

Abstract

The out of court payment agreement was seen as an opportunity to bring the Spanish insolvency legislation onto the same level of many countries around us. In addition, the bankruptcy mediator seemed to be a step forward in the direction of effective implementation of the mediation in Spain. However, their regulation, inadequate and contradictory, has resulted in a restricted procedure, more close to a preliminary ruling. The bankruptcy mediator was charged with leading this procedure, but beyond its role as mediator, may have other duties and responsibilities that are not suitable to either the goals and principles of mediation.