B4129 - SEM COMPOSIZIONE NEGOZIATA DELLA CRISI

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 new institute of negotiated crisis resolution was introduced in order to promote, on the one hand, the early emergence of the business crisis by preventing its “sclerotization” from leading to an irreversible worsening and, on the other, to allow an extrajudicial “space”, supervised by the presence of an independent expert appointed by a special commission, in which the entrepreneur and his main stakeholders can reach agreements that allow business turnaround operations and thus prevent the use of the most invasive crisis regulation tools operating in various ways in the procedural context (restructuring agreements, approved restructuring plan, preventive settlement), if not even liquidation and disintegrative solutions. This seminar therefore aims to thoroughly investigate this tool for assisting companies in difficulty, both from a theoretical and a 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 with Giulia De Castro)

• The new institute of the negotiated resolution of the crisis: genesis and purpose of the course

- The regulatory context of the crisis code; The general principles and definitions of the crisis code;

- The alternative between judicial liquidation and the instruments for regulating the crisis;

- The new negotiated recovery measure and its possible physiological and pathological outcomes;

• Tools for solving the crisis and the novelty of the simplified liquidation agreement

- The three physiological solutions for the conclusion of the negotiated settlement;

- The “facilitated” alternatives;

- The conditions for admissibility of the simplified settlement;

- The preliminary review by the court of the conditions for admissibility of the application;

- Simplified settlement proposal and plan: content and limits;

- Correctness and good faith in the conduct of negotiations during the negotiated settlement.

• The role of the Court: protective and precautionary measures

- The phrase “protective measures”;

- Protective and precautionary measures: definitions;

- Protective and precautionary measures in the negotiated settlement;

- The procedure;

- Appeals.

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.

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 Virtual Learning Environment. Registration for the seminar on the specific site Virtual.unibo.it is therefore necessary and mandatory.

Pease note: registrations on Virtual will be open up to one week after the start of lessons. After this deadline it will NOT be possible to register for the seminar.

Teaching methods

The program of the first module will be carried out through lectures, structured in such a way as to stimulate interaction with students, encouraging them to answer questions and ask them, above all in order to verify the level of understanding of the topics covered.

The program of the second module will be carried out with laboratory-type frontal lessons, in which the participation and involvement of the interested parties are necessary for learning and developing negotiation skills.

For the highly interactive teaching method chosen, attendance is strongly recommended.

Assessment methods

As mentioned above, seminar attendance is strongly recommended. Working students are invited to agree with the teachers on alternative ways of accruing attendance.

The verification of learning will take place at the end of the lessons and will consist of a brief simulation of a practical case, and a couple of oral questions on the theoretical part (arguments of the first module).

The final result is the pass/fail assessment.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools, will be able to communicate their needs to the teacher in order to be directed to the contact persons and agree on the adoption of the most appropriate measures. First consult the website www.studentidisabili.unibo.it

Office hours

See the website of Brunella Brunelli

See the website of Annalisa Atti