Mediation

The majority of disputes can be resolved in a practical, strategic and commercially astute manner. Disputing parties can avoid the aggravation and expense of court proceedings in most instances by agreeing to a mediation process that assists parties to resolve issues themselves without the necessity of a third party resolving the issues for them.

As a mediator Elise Margow enables parties to resolve complex disputes by combining well-tested and tried mediation techniques with her unique experience and knowledge gained as both litigator and commercial manager.

She excels at assisting parties to clearly identify matters in dispute, consider the various commercial and risk implications relating to those matters, and working together to find a way of resolving the disputes in a cost effective and efficient manner. Elise's pragmatic approach to assisting parties ensures that where possible acrimony amongst parties is avoided.

Elise is a member of a number of mediation panels and is a practitioner member of Resolution Institute.

As a nationally accredited mediator Elise specialises in mediations concerning:

  • banking and finance disputes;
  • corporate disputes;
  • commercial disputes;
  • employer/employee, specialising in disputes concerning senior management, CEOs and Board; and
  • major leasing disputes.

Examples of disputes mediated by Elise

  • Assisted parties to successfully resolve a dispute around a breach of sale of shares agreement involving a multimillion dollar claim for damages;
  • Assisted a star player and coach of a nationally recognized sports team to resolve a major dispute amicably and continue to work together;
  • Assisted parties to a joint venture transaction resolve a dispute around the structure of the joint venture, the share distribution and the composition of the management team;
  • Assisted a bank and debtor to resolve a dispute for repayment of a debt concerning a business venture which enabled the debtor to continue in the business and pay back the loan in full over a longer period of time;
  • Assisted a landlord and tenant to avoid the termination of a long term lease agreement valued in the millions of dollars by setting up an operational process to assist the parties to deal practically and amicably with potential issues that could arise over time.

Comments about Elise from some parties to mediations

  • I was so scared when I walked into the mediation room. Elise made me feel at ease, listened to what I had to say and helped me understand X's * perspective. I never thought we would be able to resolve the dispute without going to court - but it surprised me how easily we did.
  • I can't believe we settled this dispute given the parties involved. Elise managed to calm us all down, even Y *. She made me look past the personalities to what was at stake. The actual dispute in the end was not really a big deal and we sorted it out.
  • I thought that we would have to walk away from the deal and reach some sort of financial settlement. Elise helped us realise that the deal could go ahead if we put in place operational processes and plans. She really helped us see outside the box.

* Names removed for confidentiality purposes.