НЕДОВОЉНА ПРИМЕНА МЕДИЈАЦИЈЕ У СТЕЧАЈНОМ ПОСТУПКУ У РЕПУБЛИЦИ СРБИЈИ
INSUFFICIENT APPLICATION OF MEDIATION IN BANKRUPTCY PROCEEDINGS IN THE REPUBLIC OF SERBIA

Summary/Abstract: The document presents the legal and institutional framework for implementation of mediation in the Republic of Serbia, and it is limited to disputes that arise from the disputed / contested claims in bankruptcy proceedings, whether the court decides on them at the examination hearing, or whether it decides on them in civil proceedings. This type of dispute can be initiated on behalf of the bankruptcy debtor by the bankruptcy administrator (trustee) with the prior consent of the Board of Creditors, as well as by the bankruptcy creditor. Mediation is conducted in accordance with the principles that are enumerated in the Law on Mediation in Dispute Resolution. The paper disagrees with the provision of the Law on Bankruptcy that regulates the conditions for resolving a dispute in the mediation procedure, in the case when mediation is proposed by the bankruptcy trustee. Since disputes based on a contested claim in bankruptcy proceedings are simple disputes , because it is disputed whether the claim exists or not, the paper shows the interest of the bankruptcy trustee and the bankruptcy creditor in initiating mediation. In the observed period of almost three years, the mediation procedure in this type of dispute was seldom used, despite the fact that it was available free of charge, alongside other benefits offered to the parties in this type of a dispute

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