We recently achieved a very successful outcome for a client (a subcontractor in the construction industry) at mediation defending an unfair preference claim, negotiating a payment by our client to the liquidator of the head contractor of less than 10% of the amount of the original claim.
Obtaining an outcome that is in the best interests of our client is a key focus here at Aptum. This doesn’t mean always trying to settle every case or running every case to trial. It means taking into account the client’s own objectives, advising on the various risks of litigation and weighing up the strengths and weaknesses of our client’s case. Our clients go to a mediation with a detailed understanding of their own case, and because of our business model the knowledge of exactly what it will cost to run the matter to a contested trial.
For defendants in insolvency cases, it also means having discussions with our client about the commercial impact that ongoing litigation will have on their business, as well as the emotional impact and stress that litigation can have on the client. That may mean coming to an agreement with the liquidator to put an end to the litigation early to produce a better net position for the client, even where running the matter to trial is a viable alternative.
It also means being smart and strategic lawyers. When it comes to insolvency proceedings, Aptum is well placed to navigate the mediation process because we regularly act for both sides – for the liquidator and for defendant companies and individuals.
Our experience on both sides of these disputes means that we have in depth insight into the key drivers for a liquidator and can make informed strategic judgments on the likely course of the litigation. That includes the pressure points that will assist a defendant client to increase the likelihood of the liquidator wanting to settle the claim, and on the
We are well versed in the law when it comes to insolvency cases so we can confidently advise on the merits of both parties’ positions and help both liquidators and defendants reach the outcome that is best for them.
Feel free to contact us if you would like to discuss where your current dispute is at and how we might help deliver a more effective outcome.
