Corporative governance, медиация и арбитраж в дружественото право
Corporative governance, mediation and arbitration in company law

Summary/Abstract: The focus of Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution of consumer disputes is set on the mediation in disputes, arising from sales and service contracts, in which one of the parties is consumer, but а lot of disputes remain outside the field of the directive, and are ready to be resolved by alternative methods. In theory mediation is not allowed in tax–, administrative–, family–, and labour – and social disputes. This article brings up the question whether and to what extent mediation could contribute to the creation of best practices for corporate governance of the public limited liability companies and whether it can be used to resolve disputes in company law. Mediation is examined as a means to optimize the negotiations between two parties and as an alternative to the existing tools for resolving conflicts. It can be useful in resolving conflicts, which arise in the relationships between persons who take part in the management of a company and which are the result of the tension between different groups of interests, in herent to the character of the business activity. The results of mediation go beyond the boundaries of the decision in the given case. Whereas the decision must be good for both sides, the resolution of the specific conflict improves the relations between the persons involved. This also has a positive influence on resolving the forthcoming conflicts and enhances corporate governance practices. That’s why in this paper there is an attempt to reveal the application of mediation in resolving disputes related to challenging the decisions of the general meeting of shareholders and disputes concerning the right to information. Both types of disputes refer to the control over the legality of the decisions of general meetings of shareholders. Mediation cannot be bypassed through judicial claims as the parties are always invited by the court to refer to conciliation and to reach an amicable solution.

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