BUSINESS MEDIATION

            We have mediated many disputes between partners and shareholders of close corporations. Sometimes, the goal was to work out differences and goals amongst the partner/shareholders. At other times the goal was to bring about an orderly dissolution or sale of the business, saving the parties the legal expense of dissolution proceedings.

            We have also addressed generational issues, working out plans for succession in business, protecting the investment and retirement of the older generation, while providing the younger generation with the assurance their future is with the business, and encouraging them to put their full effort into the business, knowing they are contributing to their success when the business is theirs.

            Often, people about to go into business will choose mediation to work out their agreement, particularly where the parties will have very different roles in the business, or one or more parties may not even be active participants in the day to day activities of the business. Often, the parties need help and creativity in devising formulas for compensation based upon their performance in their area of their responsibility.

            Law firms have selected mediation to resolve various tort claims rather than engage in the lengthy litigation process as well as the vagaries of proceedings in court. Additionally, because the mediator does not make decisions, the participants always have the option of proceeding in the court system if they cannot reach an agreement they believe is fair and reasonable.

            Not-for-profit corporations have found mediation is the path to take when internal disputes are tearing an organization apart or preventing them from functioning in accordance with the dictates of their charter. Often, these matters are resolved in one session because of the presence of a neutral party who has prepared in advance of the session, the mediator.

            Businesses have called upon us to resolve issues of policy and practices, and we have been instrumental in resolving issues in buy-outs, acquisitions and mergers.

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