B4129 - Sem. Negotiated Crisis Resolution

Learning outcomes

At the end of the seminar (activity strictly related to the objectives of the Degree Programme), students acquire specific skills and notions to understand the multidisciplinary dimension of the corporate crisis. The aim is to facilitate the acquisition of theories and skills useful for appreciating the advantages but also for reflecting on the problems of the new tools for corporate crisis management.

Course contents

The institute of negotiated crisis resolution was introduced in order to facilitate the early emergence of business crisis, avoiding that its “sclerotization” leads to an irreversible worsening. An extrajudicial “space” is thus envisaged, supervised by the presence of an independent professional appointed by a special commission, in which the entrepreneur and his main stakeholders can reach agreements to prevent bankruptcy, avoiding the use of the most invasive crisis regulation tools variously operating in the bankruptcy context (restructuring agreements, approved restructuring plan, preventive agreement), or even liquidation and disintegrative solutions. The seminar therefore aims to thoroughly investigate this tool to assist companies in difficulty, both from a theoretical and practical point of view.

The seminar is divided into two modules of 6 hours each:

- the first module examines the main innovations introduced by the current Corporate Crisis Code, focusing on the discipline of the negotiated resolution of the crisis, the simplified agreement and the procedure relating to protective and precautionary measures;

- the second module examines the role and tasks of the expert negotiator, focusing in particular on negotiation skills and techniques.

First module:

THE REGULATORY-INSTITUTIONAL STRUCTURE OF THE NEW REGULATION OF CORPORATE CRISIS (Brunella Brunelli )

• From bankruptcy to the new Negotiated Crisis Settlement (CNC):

• mechanism: the historical evolution of insolvency law;
• the regulatory framework of the Crisis Code;
• the unified procedure for accessing crisis or insolvency resolution tools.
  

• The new CNC mechanism:

•  the negotiated recovery measure and its possible standard and non-standard outcomes;
• fairness and good faith in the conduct of negotiations;
• the role of the court: protective and precautionary measures.

• Crisis resolution tools and the simplified liquidation composition:

• the three standard outcomes of the negotiated settlement process;
• "facilitated" alternatives;
• admissibility criteria for the simplified composition;
• preliminary judicial review of the application's admissibility; simplified composition proposal and plan: content and limitations.

Second module:

THE NEGOTIATED COMPOSITION OF THE CRISIS. THE EXPERT NEGOTIATOR; ROLE, SKILLS AND TACTICS (Annalisa Atti with Donatella Pizzi and Federica Senerchia)

• Introduction: the role of the expert in managing negotiations with interested parties.

A - Facilitation of communication and consensual settlement: the role of the expert and skills.

- Negotiation;

- How to manage negotiations;

- Communication techniques in interviews;

- Exploration of the interests of each party and study of the options for an agreed recovery solution.

B - Preparation and identification of the abstractly interested parties

- The individual contact phase: preparation of the interview and choice of methods;

- Identification of potentially interested parties;

- scheduling of meetings.

During the second module, case simulations will be carried out, with the development of the agenda, setting of individual and/or group meetings, management of the negotiation.Participation in simulations is a fundamental part of the final assessment.

Readings/Bibliography

The seminar assumes knowledge of the notions of entrepreneur (individual, commercial, agricultural), company, company, balance sheet, financial and economic situation, insolvency, learned in the "Company Law" course, which therefore stands as a logical antecedent of the seminar; as well as the notion of renegotiation of contracts, already covered in the "Private law" course. in this regard, brief summary sheets will be provided on Virtual before the start of the seminar.

The didactic material (writings, diagrams, other utilities) will be provided through the Virtual platform. Registration for the seminar on the specific site Virtual.unibo.it is therefore necessary and mandatory.

For a theoretical-reasoned approach to the institute of negotiated composition, it is advisable to study the third part of the manual (pp. 401-431): Brunella Brunelli, Lezioni di diritto processuale generale, del lavoro e delle procedure concorsuali, Bologna, BUP, 2025.

Teaching methods

The first module will be delivered through lectures, supported by PowerPoint presentations. Interaction with students is encouraged during lessons; they will be prompted to answer and ask questions, primarily to assess their understanding of the topics covered.

The second module will consist of workshop-style lectures, where active participation and engagement are essential for learning and developing negotiation skills. Slides and short study materials will be provided.

Given the highly interactive teaching method, attendance is strongly recommended.

Assessment methods

stated above, attendance at the seminar is strongly recommended.

Students who do not attend the seminar must agree with the instructors on the additional readings required to pass the final assessment.

The assessment of learning outcomes will take place at the end of the course and will consist of a brief interview with the instructors regarding the topics covered in the seminar's two modules.

The assessment will be held on two occasions:

  - the first, at the end of the course;

- the second, at a later date to be announced on Almaesami.

The assessment will consist of a brief interview with the instructors designed to verify the student's theoretical and practical knowledge of the topics listed in the “ Course contents” section, as well as their reasoning skills and command of language.

The final result will be a pass/fail (suitable/not suitable) assessment.

Teaching tools

 

Teachers will use PowerPoint presentations and teaching materials provided in class and on dedicated platforms (Virtual).

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the teacher, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Brunella Brunelli

See the website of Annalisa Atti