Mediation in Insolvency: A Game Changer in Viksit Bharat

The Insolvency and Bankruptcy Code 2016 is a defining reform in the Indian financial landscape. Its efficiency and efficacy in terms of outcomes has been inspiring. Since its promulgation, the Code has brought about many path breaking changes in the financial eco-system including a seismic shift in the credit culture in the country and behavioural change in the debtor-creditor relationship.

Insolvency proceedings can be complex. Although not adversarial, disputes may arise between creditors, debtors, and other stakeholders, delaying and disrupting insolvency proceedings. Mediation offers a viable alternative to traditional litigation to resolve such disputes. It can provide a more efficient, less costly, and flexible method of resolving disputes than traditional court proceedings. Fostering consensual resolutions can help in preserving business viability and allow tailored solutions that meet the specific needs of the parties involved. Mediation can help in advancing the goal of the Code to maximise the value of debtor's assets, by timely resolution of insolvency cases.

This book, with contribution by some of the top global experts on insolvency or mediation, or on both, provides detailed analytical assessments of use and application of mediation in insolvency across the world. The book presents a comprehensive view of the multidimensional aspects and benefits of mediation.A valuable collection, not just for the practitioners and students of insolvency policy and practice as also mediation, the book will educate and enlighten anyone who is a stakeholder in the journey of transformation of India's insolvency and dispute resolution eco-system.

Table of Contents

Foreword - A.K. Sikri
Editorial Note - A.K. Sikri and Sumant Batra
Authors? Brief Biography
Table of Cases

1. Introduction - A.K. Sikri
2. Mediation - A ?Dharmashastra? Tradition - Bibek Debroy
3. Navigating Insolvency with Mediation: A Catalyst for Effective Resolution - Hemant Gupta
4. The Use of Mediation in International Insolvency Disputes - Paul Heath KC
5. Hybrid Reorganisation Proceedings: The Bests of Both Worlds - Susana Hidvegi Arango
6. The Benefits of Using Mediation in Insolvency Proceedings in EMDEs - Antonia Menezes and Akvile Gropper
7. Should Pre-litigation Commercial Mediation in India Be Voluntary? - Sanjeev Sanyal, Apurv Kumar Mishra and Akanksha Pandey
8. Proposed Framework for Use of Mediation under the Insolvency and Bankruptcy Code, 2016 - T.K. Viswanathan
9. Magic of Mediation: Theoretical Underpinnings of a Non-adversarial Process - Sudhaker Shukla and Medha Shekar
10. The Insolvency ?Game Changer?: The Use of Mediation to Enhance Efficiency, Facilitate Corporate Restructuring, and Improve Cross-Border Insolvency Outcomes - Scott Atkins and Kai Luck
11. Use of Mediation in IBC: An Economic Case - Sumant Batra
12. Mediation in IBC: Resolving the Delay Dilemma - Cyril Shroff and Dhananjay Kumar
13. Mediation in Insolvency - Bahram Vakil
14. Prescription for Insolvency - Rescue from IBC,
    Also Try Mediation - Sriram Panchu
15. Lessons from Mediation in United States
    Chapter 11 Cases - Anthony Casey
16. Ethics and Code of Conduct for Mediators - A.S. Chandhiok
17. Mediation in Commercial Disputes: A Pathway to
    Efficient Conflict Resolution- Madhavi Divan, Shubham Saigal and Aishani Narain
18. Insolvency in the Fast Lane: Why Emergency Mediation is Zooming Ahead - Iram Majid
19. A Trial Is a 14 Hour Flight, Every Day, For How Many Days? Saving Clients? Money with Consumer Bankruptcy Mediation in the United States - Richard J. Cole, III
20. Mediation and Insolvency - J.P. Sengh
21. Mediation in Insolvency: Thinking Global Acting Local - Neeti Shikha
22. Need for Integration of Mediation Process under Insolvency and Bankruptcy Code - Promoter?s Perspective - Neeha Nagpal and Malak M. Bhatt
23. Arun Jaitley Mediation Centre

Subject Index