Business Litigation Mediation and Arbitration
Business litigation can be a difficult and exhausting undertaking, depleting the financial and emotional resources of all involved. Regardless of how strong one’s case might be, relying on a third party — whether a judge or jury — involves uncertainty and risk.
Commercial disputes involving partnerships, shareholders, contracts, and family businesses can benefit significantly from the greater efficiency and control offered by mediation and arbitration.
With the help of an experienced mediator, parties and counsel involved in a commercial dispute can navigate through difficult negotiations and come to an agreement that satisfies all parties. In cases where a third-party decision is needed, a seasoned arbitrator can help parties get to a binding result often more quickly and less expensively than court-based litigation.
Sometimes, business disputes arise from an employment claim or employment dispute; we have a dedicated practice area for the resolution of Employment Disputes.
Partnership Dispute Mediation and Arbitration
Partnership disputes are often characterized by the interplay of important personal relationships with complex legal, business, and financial factors. Whether the conflict stems from disagreements over financial decisions, management strategies, or other issues, resolving a partnership dispute requires a skillful and thoughtful approach that takes into account all the issues involved.
Massachusetts law often exacerbates partnership disputes as it makes it difficult for an aggrieved partner or minority group to force a buyout of their positions. Parties may find a better result in a negotiated resolution before each side spends large sums in litigation only to remain deadlocked.
An experienced mediator can facilitate productive dialogue, helping parties and their counsel to identify common ground and reach a mutually beneficial solution. A skilled arbitrator can cut through the extraneous issues, focusing on the essentials and issuing a binding decision, allowing all to move forward.
Family Business Dispute Mediation
In order to be successful, family businesses, like all businesses, have to contend with a host of complex issues involving ownership structure, management structure, financial management, and personnel management. Unlike other types of businesses, though, family businesses have to effectively navigate these issues in the context of a history of intense, long-term relationships.
The combination of interpersonal and intergenerational family dynamics with these commercial considerations can make family business disputes around potentially explosive issues like succession planning extremely difficult to manage. Some of the unfortunate consequences of lengthy litigation are the collective depletion of the family’s assets, the damage to the business, and the profound strain on family relationships, often passed on to future generations.
Working with a mediator can help family members communicate more effectively in a confidential setting, identify areas of disagreement, and come up with effective solutions that respect the high stakes that so often characterize these family business challenges.
Pulling from our family, legal and organizational practices, we can put together a multidisciplinary team that pays attention to both the interpersonal and the commercial interests in play in order to help families and their counsel navigate these difficult conversations, ultimately preserving the well being of the family as well as the success of their businesses for many generations to come.
You can learn more about how The Mediation Group handles family business disputes through our Family practice.
Breach of Contract Resolution
Claims of breach of contract are brought when one or more parties to a contractual agreement believe that its terms and conditions have been violated, either intentionally or through negligence. Contracts can be extremely complex documents, and disputes involving one or more parties that have failed to fulfill one or more contractual obligations are not uncommon, often leading to each side feeling wronged by the other.
These disputes can involve:
issues with payment
claims of failure to deliver on promised goods or services
disputes over the quality or quantity of goods or services provided
Disputes over the interpretation of conditions or contingencies
An experienced mediator can work with both sides to navigate the complexities, helping them to stay focused on practical possibilities for resolution while avoiding getting overwhelmed by the emotions or personal conflicts which may be interfering with their efforts to negotiate effectively. Alternatively, an arbitrator can weigh each side’s positions and issue a decision to finally and evenhandedly issue a neutral decision to close out the issues in dispute.
Shareholder Disputes
Allowing shareholder conflicts to fester, whether they involve disputes between different factions of shareholders or between the shareholders and the company itself can have serious implications for the future policies and directions of the company and the financial well-being of all involved.
A skilled mediator can help navigate the often complex issues at the heart of such disputes for the benefit of all. Our roster includes experienced mediators and arbitrators who understand the unique complexities underlying minority shareholder disputes and can help both sides to make sure that their interests and rights are understood and respected.
Closely-held corporations and larger corporations have different challenges in managing disputes. Whatever the scale of the issues, mediation or arbitration can be effective processes for companies of any size to resolve conflicts related to shareholder rights, corporate governance, and other areas of disagreement.
We have the experience to help your business resolve disputes quickly and cost-effectively to minimize risk to your business. Contact us to learn more.
Our Experts Specializing in Civil Disputes
