Momentos ideais de estímulo judicial à aplicação da mediação no processo de recuperação judicial de empresa

The article identifies appropriate moments in the court-supervised reorganization (or bankruptcy reorganization) process in which the court can encourage business mediation and analyzes the extent to which this activity can result in greater effectiveness of the institute and the process. The relevance of the study is justified by the finding of pragmatic doubt regarding the application and positive results of mediation in this special type of procedure. The work is carried out using the deductive scientific method, based on bankruptcy reorganization legislation and doctrinaire vision, and aims to suggest good judicial practices for rationalized promotion of mediation in three sensitive decision-making moments, namely: granting the procedure of provisional remedies requested in the complaint; which grants the processing of the debtor company’s request for court-supervised reorganization; and which calls for the installation of a general meeting of creditors.