Dispute Resolution

What are the dispute resolution steps in an insolvency?


Insolvency dispute resolution can be an expensive and long drawn out process. Depending on what particular issue is being resolved, dispute resolution can take on a number of different forms. While traditional resolution can involve lengthy and costly litigation, our firm are specialist in helping you through the insolvency dispute resolution process by offering you alternatives including negotiation, mediation and conciliation which can offer you cheaper alternatives to going to court. One of Warlows Legal Insolvency Lawyers will be able to assist  you with your matter.

We identify and resolve issues to ensure that the escalation between the parties does not continue wherever possible and we identify strategies to minimise cost and delay through alternative and appropriate insolvency dispute resolution. We are client focused and aim to reach a settlement prior to trial to save you, our client, as much time and money as possible.

We take careful consideration of all implications and facts to ensure that the outcome is the most commercial effective and suited to your needs. This can help save relationships between parties and we are competent to advise both small and medium businesses as well as individuals.

Is Alternative Dispute Resolution (ADR) appropriate for insolvency dispute resolution?

Insolvency matters can often take a heavy toll on individuals and business owners involved who may suffer the loss of assets, high legal costs and bans as a company director. Litigation can also be a costly and stressful process.

Warlows Legal are committed to helping resolve disputes through appropriate resolutions and alternatives to court. Insolvency dispute resolution can take the form of mediation. In order to be successful parties need to approach the dispute with the mutual intention to avoid taking it to court and attempting to resolve a solution that is acceptable to both sides. This is often prefaced on open communication as well as establishing good faith between the parties to be honest with each other and mediation may act as a way to restore the trust between parties.

A qualified mediator can create a safe and confidential open channel for parties to discuss the insolvency dispute resolution process. This can allow parties the opportunity to
rediscover mutual interests, such as avoiding a prolonged dispute and avoid spending excessive money on litigation and work out an acceptable resolution.

In addition, while it may take much time and effort to resolve their ongoing dispute, the help on a neutral mediator who can aid them in the mediation process and negotiate a favourable outcome to both sides can speed up the insolvency dispute resolution process. It is important that there is no delay in seeking a mediated outcome as there is often a limited time frame in which parties will consider mediation before there is a feeling between the parties of a lack of goodwill and suspicion from either party that they lack the necessary trust to fully commit themselves to the insolvency dispute resolution process.

If both parties indicate a willingness to mediate and the appointed mediator is acceptable to both parties then it is possible that the process of mediation will result in a consensus agreement that is both cheaper and suitable and more time efficient to resolve insolvency dispute resolution processes.

What are the costs involved in insolvency dispute resolution?

If you think that your insolvency issue may be suited to mediation then it is best that you contact our insolvency team as soon as possible. Our Melbourne Insolvency Dispute Resolution team is very experienced in all areas of dispute resolution and can offer you tailored advice to your problem. Our track record of successful negotiating successful outcomes in insolvency dispute resolution is exceptional and we can assure you that we will help you navigate what at times can be a complex process.

While insolvency can be a stressful process we are here to help you find the best results possible for your business and ensure that if you want to avoid costly litigation we are on side to help you do so as much as possible. Please call one of our specialists and make an appointment, of which, the first half hour is free. We value our client’s time and money and will work with you to find an acceptable outcome.

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