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ARTICLE · 07 OCTOBER 2019

Using mediation to resolve shareholder disputes

The role became an informal mediator between the disputing parties to resolve the situation without expensive litigation.

AustraliaLitigation, Mediation & Arbitration

A liquidator mediates to avoid liquidation.

A recent appointment took me to uncharted territory and gave me a new appreciation for the importance of being an independent party. While the appointment held a fairly standard remit "investigate a company's debts", the outcome of my work was not. Unknown to me at the time of being appointed independent accountant, it morphed into becoming an informal mediator between the disputing parties to try to resolve the position without expensive legal proceedings and the possible liquidator appointment on just and equitable grounds.

To set the scene, let me go back to the beginning. Two company shareholders were in dispute over the 'correct' creditor position, particularly in respect of its related entities. One shareholder was concerned that company funds would be paid to related parties that did not have a true entitlement to the funds. That shareholder applied court to have the company assets placed under a freezing order and

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