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 nationally accredited 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.

AREAS OF EXPERTISE

We specialise in mediations concerning:

• banking & finance disputes;

• corporate disputes;

• commercial disputes;

• employer/employee disputes;

• disputes between senior management, CEOs & Boards

• major leasing disputes

examples of disputes we mediate

• Mortgages & loan disputes;

• Sale of shares & sale of business disputes;

• Mergers & Acquisition disputes;

• Joint Venture disputes;

• Performance Management disputes;

• Corporate restructure disputes

• Landlord and tenant disputes

Legally Speaking provides legal advice in a number of areas including commercial, corporate, employment, dispute resolution and banking & finance matters. This advice is tailored to your needs but can be roughly divided into 3 categories:

• Immediate advice on an 'as needs' basis;
• Task based advice; and
• Project advice.

Immediate Advice

This advice is easily accessible and is provided as follows:

• You telephone or email us requesting advice to be provided 'then and there' if possible or alternatively with a very quick turnaround;
• We meet regularly to discuss issues facing your business, resolving issues that can be resolved at the meeting and timetabling any legal and regulatory tasks that might flow over a longer period.

Types of advice/services that generally fall into this category:

Marketing compliance; basic employment law queries; general advice about negotiation strategies relating to contracts; corporate advice pertaining to duties of directors, etc.

Examples of how this works in practice:

• Your call us to discuss the content of marketing collateral;
• You are about to hire someone and wish to discuss the implications of a restraint of trade clause in the potential employee's previous employment contract;
• You are in the middle of a meeting with a supplier and want to quickly check the implications of an exclusive distribution arrangement proposed by that supplier.

Project advice:

Major product development project; Mergers & Acquisitions, Joint Ventures.

Example of how this works in practice:

• You are part of a tender process, joint venture, merger and/or acquisition transaction and it is in the best interests of the business to include a lawyer in the transaction team practically managing all legal aspects of the process leaving the commercial operators more time to concentrate on the commercial aspect of the transaction.
• Legally Speaking will work together with you to create the legal strategy and budget required for the relevant transaction and depending on the nature of the transaction provides legal advice or sources legal advice from experts in specific areas of law in a manner that ensures that the advice provided is appropriate to the transaction and falls within the budget for the transaction.

Task based advice:

This fits into the more traditional legal advice model.

Types of advice/services that generally falls into this category:

Business transactions, contract drafting/reviewing/negotiations; corporate governance advice; employment law advice; representing you in disputes, etc.

Example of how this works in practice:

• You ask us to assist in you in analysing the legal/regulatory implications of a business transaction;
• You ask us to draft /review/negotiate a contract;
• You ask us to assist you in resolving a dispute;
• You ask us to assist you in understanding the complexity of board dynamics, conflicts and shareholder disputes.

Legally Speaking helps you assess and identify comprehensively the short, medium and long term legal services and advice required by your business based on commercial imperatives. This includes:

• identifying the most appropriate and cost effective way of providing legal services for your business;

• assisting you to manage legal services, whether these are outsourced or provided in-house

• assisting you to minimise the legal spend of your business without minimising the quality of legal services provided.

bUSINESS CULTURE

At Legally Speaking we take the time to understand the general culture and philosophy of your business, including your risk appetite and outlook towards the market place.

BUSINESS REQUIREMENTS

We take into account your business strategy, structure and financial position together with your future projections when determining the type of legal assistance and advice most appropriate for you.

business process

We assist you to put in place a practical process to manage the legal and regulatory needs of your business taking into account budgetary constraints and concerns.