The high mobility of the institution as a way out of economic congestion has resulted in new rich jurisprudential data, dialogue with theory, and intervention by the legislator, of small scope, for the flexibility of the institution of the conciliation process. The new legislative intervention to abolish the contractual nature of conciliation and replace it with the so-called pre-bankruptcy restructuring process regardless of any other consequence, there is a risk of causing a rupture in the unified system of bankruptcy law as a whole. In any case, according to transitional provisions, the regulations for the conciliation process of the Bankruptcy Code will continue to apply to pending cases.