Insights into Arbitration and Litigation Funding with Matt Lee, LFM Disputes

Simon Cathro

Litigation finance is reshaping how high-stakes disputes are fought—and who wins. In this episode, Matt Lee from Lindsay Francis Mengen, a specialist in arbitration and former head of Australia’s largest litigation funding operation, shares how litigation funders assess cases, manage risks, and decide whether a claim is worth backing. For anyone working in insolvency, restructuring, or high-value disputes, this is an inside look at what funders really want.

You’ll also learn how arbitration can offer a faster, more private alternative to court—if managed correctly. From freezing orders to enforcement risk, Matt dives into the practical realities that often determine whether a case succeeds or quietly fails. Packed with actionable insights for liquidators, lawyers, and anyone considering legal funding, this episode is essential listening for navigating complex legal recoveries.

Key Points:

Litigation funders assess more than just legal merit—they evaluate people, psychology, and probability.
Arbitration can be faster and private—but only if the arbitrator drives the process effectively.
Freezing orders and early mediation aren’t just strategy—they can determine whether you recover anything at all.

Timestamps:

[00:03] What litigation funding actually is and how it works
[05:00] Beyond class actions: corporate use of legal finance
[07:32] The role of funders during litigation—not just money
[09:50] What funders analyze: success, damages, recoverability
[11:53] Why good claims still don’t proceed in insolvency cases
[14:30] When is the right time to mediate?
[18:45] Assessing the people behind the claims
[21:00] How freezing orders stop asset flight during litigation
[23:01] What arbitration is and how it differs from court
[28:00] How long arbitration takes and what can go wrong

Links:

Cathro & Partners are experts in providing insolvency and restructuring services that help to create and preserve business value and to enable individuals to make a fresh start. The firm specialises in restructuring, turnaround, personal and corporate insolvency, safe harbour, secured enforcement services, government advisory services and pre-lending services.

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