Samenvatting

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)).