Mediation in Insolvency

Now you have arrived here we recommend you go back and see what we said to your counterparts and then return here.

If you are a private individual or a company and not an insolvency practitioner – read about the the issues you could be faced with.

If you are insolvency practitioner pursuing assets for an insolvent estate - read this.

Hopefully you have now read our points on both sides of the coin. This is a test of reality. As you can see, both parties have right on their side. They should win, shouldn’t they?

Of course in court there is only one winner

In mediation everyone is a winner

Download our leaflet “Mediation in Insolvency”

To find out more about mediation, please read more on our sister website - Commercial Mediation 

 

Why mediation?

• It is faster than going to court
• It is much less costly than going to court.
• It is a procedure carried out in co-operation and with a view to settlement.
• It is a non-adversarial process. You do not necessarily need a lawyer but it may still help!
• The decision of settlement is that of the parties.

What are the features of mediation?

The most important facet about mediation is that it is a voluntary process where those in dispute reach a mutually acceptable negotiated agreement. No one will impose a settlement against your will.

Other features include:

• Voluntary other than in most exceptional circumstances
  
• The proceedings are entirely confidential
  
• Everything which goes on is without prejudice to any subsequent proceedings unless a binding settlement is reached
  
• The mediator will endeavour to ensure that each party understands the case of the other side and that he himself clearly understands the cases of both sides
  
• Given that mediation will inevitably involve compromise the mediator will endeavour to identify appropriate areas to enable the parties to focus on those

Download our pdf leaflet "Mediation in Insolvency" for more information. This leaflet is suitable to hand out to any party wanting to know more about the process

How does one find a mediator experienced in insolvency matters?

This is where we can help. Adrian Leopard & Company has been dealing with dispute resolution for its clients for many years so whether you need someone to act for you in a dispute or whether you need a mediator to assist in the resolution of a dispute you have with another party, we can help you. To find out more about commercial mediation and various methods of dispute resolution, follow the link to our main site where you can read in greater detail about mediation services and other services which we are able to provide for you.

And it does not even matter where you are – we offer a country-wide service and we will come to you. Follow the link to read more and contact us