Insolvency Disputes

If you’re dealing with an insolvency dispute, chances are things already feel complicated, uncertain, and a bit overwhelming. Money’s tight. Relationships are strained. And it may seem like every decision leads to more questions than answers. Whether you’re a creditor trying to recover what you’re owed, a director facing claims, or a shareholder caught in the middle, insolvency can bring a host of legal, financial, and emotional challenges.

At Peter Shaw Mediation, we help people and businesses navigate these challenges with a clear, structured approach—through mediation. With nearly 40 years of legal experience, Peter offers calm, professional support to help parties work through insolvency disputes efficiently and fairly, without the stress and cost of going to court.

What Are Insolvency Disputes?

Insolvency disputes arise when a company or individual can no longer meet their financial obligations. It could involve unpaid debts, mismanagement of company assets, or disagreements between stakeholders about how a business should be wound up or restructured. These disputes often include multiple parties—creditors, directors, employees, shareholders, investors, even insolvency practitioners—each with their own priorities and pressures.

Some of the most common issues include allegations of wrongful or fraudulent trading, disputes over who gets paid first, arguments about how assets are being distributed, or disagreements over whether proper steps were taken before a company became insolvent. In some cases, creditors may question a director’s conduct. In others, shareholders may feel excluded from decisions or left in the dark.

Whatever the issue, one thing is certain: insolvency disputes can escalate quickly if not addressed early. Emotions often run high. Financial pressure builds. And if it ends up in court, you can expect a long, expensive process that may not leave anyone truly satisfied.

Why Mediation Works in Insolvency Disputes

Here’s the thing about insolvency: while it’s rooted in numbers, the disputes it creates are deeply human. Trust breaks down. Communication stops. People take positions and dig in. That’s why mediation is so powerful. It doesn’t just deal with the legal facts—it creates space for people to be heard, to understand one another, and to work towards practical solutions.

Mediation brings the right people to the table—debtors, creditors, directors, shareholders—and lets them explore outcomes that work for everyone involved. It’s confidential, so you don’t have to worry about public hearings or reputational damage. And it’s flexible, which means you can tailor the process to your situation and keep control over the final agreement.

Unlike formal insolvency proceedings, which often feel like win-or-lose scenarios, mediation opens the door to more creative and commercial outcomes. Payment plans, asset transfers, new terms—these are all things that can be discussed and agreed upon without the pressure of a courtroom.

Common Scenarios Where Mediation Helps

You might be dealing with multiple creditors all pushing to be paid first. There could be claims from former employees or suppliers. Perhaps the directors can’t agree on what went wrong—or what should happen next. Or maybe there’s a dispute over the conduct of an administrator or liquidator.

Whatever the situation, mediation can help you sort through it. It allows each party to set out their concerns, understand the legal and financial context, and work towards a plan that reflects the realities of the business while being fair to those involved.

One of the biggest advantages of mediation in insolvency disputes is time. Court proceedings can drag on for months, sometimes years. Mediation can happen in a matter of days or weeks. And when you’re dealing with financial stress, that kind of speed can make a huge difference.

Peter understands the commercial realities of business. He’s spent decades handling high-value disputes in the legal world—as a solicitor, a barrister, and King’s Counsel. He knows how insolvency affects people and how to guide discussions in a way that’s constructive, not confrontational. His style is calm and fair, but he won’t shy away from asking the difficult questions when they need to be asked.

The goal is always the same: help everyone move forward with clarity and confidence.

When Insolvency Gets Contentious, Mediation Offers a Smarter Path

Insolvency disputes can become messy fast—especially when multiple parties are involved and the stakes are high. From financial institutions and international banks to former directors and office holders, everyone has something to protect. Whether you’re facing claims relating to wrongful trading, dealing with antecedent transactions, or navigating freezing orders tied to cross border insolvency, it’s easy to feel overwhelmed. You might already be speaking to a restructuring team or contentious insolvency lawyers, weighing up options like company voluntary arrangements or bankruptcy petitions. But before diving into commercial litigation or costly insolvency procedures, it’s worth considering mediation.

At Peter Shaw Mediation, we work closely with clients involved in complex, often high-value disputes—sometimes across multiple jurisdictions. Peter brings decades of experience and deep understanding of both the insolvency process and the pressures faced by insolvent companies, directors, and creditors. Whether it’s asset recovery, breach of duty, or disputes between joint liquidators, mediation helps cut through the conflict and move things forward. No drawn-out court battles. No rigid formalities. Just clear guidance and practical support to help you resolve contentious insolvency issues in a way that fits your circumstances.

Why Choose Peter Shaw?

Peter isn’t just an expert in mediation—he’s someone who’s spent decades in the legal trenches, working on complex commercial and insolvency cases. He knows how these disputes unfold, what’s at stake, and how best to navigate them.

His approach is calm, fair, and focused. He listens, asks the right questions, and helps you get clear on what’s important—so you can make informed decisions. And because of his background, he can handle even the most challenging disputes with clarity and confidence.

He’s also widely respected in the legal community, consistently recognised by The Legal 500 and Chambers and Partners as a leading figure in dispute resolution. But more than anything, he’s trusted by those who’ve worked with him—because he brings integrity, professionalism, and humanity to every case.

Ready to Move Forward?

If you’re caught in an insolvency dispute, or worried one might be on the horizon, it’s worth considering mediation before turning to formal legal action. You might be surprised how much can be resolved when the right process—and the right person—is guiding the conversation.

At Peter Shaw Mediation, we help businesses, directors, creditors, and individuals navigate insolvency disputes with clarity, confidence, and dignity. We’re here to support you through the tough decisions, help you protect your interests, and work toward outcomes that make sense in the real world.

If you’d like to learn more about how mediation could help with your insolvency issue, or just want to talk through your options, get in touch. You don’t have to face it alone.

FAQ Image

Common causes include disagreements over debt repayments, disputes about asset distribution during liquidation, conflicts among directors or shareholders, and challenges to the validity of transactions made before insolvency. Understanding these issues early can help in seeking appropriate resolutions.​

Any party involved in the dispute—be it creditors, directors, shareholders, or insolvency practitioners—can propose mediation. It's a voluntary process, and all parties must agree to participate.

Mediation is typically faster, less expensive, and more flexible than litigation. It allows parties to maintain control over the outcome and often leads to solutions that are more tailored to the specific needs of those involved.

If the parties reach an agreement during mediation, it can be formalized into a legally binding contract. This ensures that all parties are obligated to adhere to the terms agreed upon.

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