In the context of legal or commercial disputes, mediation can broadly be defined as a process in which a third party - the mediator - tries to assist parties to a dispute to resolve their differences. This contribution questions the notion of a mediator being a “neutral” who has no, or at least very limited authority to deal with the substance of a dispute. This is not merely an academic matter, as mediator “neutrality” also sometimes lies at the heart of the way mediation is regulated and mediators are trained, regulatory frameworks and mediator as is the case with Belgium.

Despite the rise of a popular consciousness on the narcissistic personality disorder, legal professionals have yet to grasp the impact of narcissistic abuse in court and/or mediation proceedings in family, commercial or labour disputes. The exploitativeness of and vindictiveness of malignant narcissists vis-à-vis their victims undermine the prospects for peacefully resolving disputes. Recognising the patterns of narcissistic abuse and supply is essential for judges and mediators to succeed in fulfilling their mandate to find a lasting solution to different types of conflicts. Psychological studies can offer insights here in tackling the narcissist’s impunity before the law, protecting the narcissist’s opponent or victim and upholding the credibility of conflict management avenues – court and mediation proceedings alike – in the face of a growing narcissistic culture in modern societies.

Which opportunities exist for deploying mediation in the face of imminent insolvency? In this contribution, the authors apply the most important factors for the success of mediation to situations of impending insolvency under Dutch law. The room for negotiation, the readiness to negotiate and the degree of escalation and emotions are assessed against the canvas of bankruptcies, moratoria, and the 2021 Dutch Scheme (the Act on the conformation of out-of-court restructuring plans (WHOA)).