We have experience in mediating the following types of claims:
- Preference claims
Whilst most preference claims are ultimately settled before trial, the insolvency practitioner still incurs the cost of preparation for trial together with the costs of disclosure. Mediation can bring an earlier resolution to these claims.
- Transactions at an undervalue
- Unsecured and secured creditor claims
Usually, creditor claims are only paid a small percentage of what they are owed - the mediator can help both sides to acknowledge this and realistically evaluate their case.
- Pre-Insolvency event
Restructuring experts should consider the use of mediation to resolve some of the "people issues" they will identify within the partnership/company when investigating its financial stability and long-term survival. While resolving the individual conflicts may not be the determining factor, resolving them will improve the performance of the partnership/company and add to its prospects of a long-term survival
- Misfeasance claims
- Recovery of directors loans
- Claims by the wife relating to the ownership of the matrimonial home
- Retention of title claims