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Rise of mediation in US Chapter 11 provides food for thought for UK market, as Brazil makes inroads post-reform

Mediation has become a fairly standard feature of Chapter 11 cases over recent years, with some high-profile cases providing notable examples of successful mediations. As the UK in-court restructuring landscape becomes increasingly contentious since the introduction of the new restructuring plan tool some four years ago, lessons can be learned from the US approach. Meanwhile, Brazil offers an example of a jurisdiction where mediation has been increasingly used because of legislative changes aimed to incentivize it.

 

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