Vol 23 (2026) - Issue 1

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Rescue at a Distance: Digital Mediation of Corporate Distress in the European Union

Synopsis
With the rapid advancement of digital capabilities, the time is ripe for the European Union (EU) to consider equipping restructuring processes with digital mediation platforms. Moving dispute settlement to such platforms offers multiple benefits: it reduces costs, accelerates resolution, and makes procedures more inclusive. This is particularly relevant for micro, small, and medium-sized enterprises (MSMEs), which often face resource constraints that make traditional insolvency and restructuring mechanisms inaccessible or overly burdensome.
This article sets out to map the current EU legal framework governing Alternative Dispute Resolution (ADR), Online Dispute Resolution (ODR), and insolvency/restructuring, and to highlight both the gaps and the opportunities that exist for embedding ODR into the restructuring domain. By examining these intersections, the article aims to demonstrate not only where the EU regulatory architecture falls short, but also where digital innovation can create space for a more coherent, user-friendly, and efficient restructuring system.
The discussion draws on several authoritative sources: the World Bank's advocacy for embedding ODR in Early Warning Tools (EWT); the OECD's ODR Framework; and academic work that emphasises the importance of systematic approaches to complex, multi-actor problems. On this basis, the article proposes the design of a practical EU 'One-Stop-Shop' interface that orients users toward suitable digital tools, giving ODR a central role. To identify the relationships among the various elements of this interface, a Mind-Map approach based on the author's 'RESTART' concept (Restructuring ready platform, EWT integration, Standards, Triage and facilitation by AI, ADR/ODR integration, Regulatory support, Trust-by-design) is proposed. The objective is to sketch a pathway toward a digital mechanism capable of supporting effective and accessible corporate rescue across the Union.