Shareholder Mediation

Mediation encompasses a broad range of processes for assisting in the resolution of disputes without the delay, cost, anxiety and risks associated with asking a judge to sit in court. Importantly the mediator can often help the parties reach a creative solution that no judge has the power to impose.

The key elements are: –

1. An independent person (the mediator) engages the two sides in a series of private discussions however some will be confidential with each party.

• The mediator does not force a solution on the parties, but by increasing knowledge of all parties as to what may happen if no agreement is reached, by clearing up any quarrels, he/she aids them to come to their own mutual agreement.

• To urge the making of offers, nothing said in the negotiations is binding on a party unless accepted by both parties, in which event a binding agreement will be drawn up and signed.

• All discussions are private, confidential and personal to the mediation and nothing said in a discussion with a party alone can be disclosed to the other party unless with the consent of the first party. This confidentiality allows people to be completely open and truthful with the mediator without fear that what is said may be transmitted to the other party(ies). This is an important factor that makes mediation so effective.

Mediation is particularly useful for resolving disputes between shareholders. These can be damaging and not just to the shareholders on a personal level but to the financial well-being of the businesses themselves.

We aid directors and shareholders to resolve their disputes in a faster and cost-effective way than by pursuing legal solutions through the courts and tribunals. We believe in face to face mediation as this gives all parties with a level of determination and see and feel expressions by all parties.

Next Step

If you want to find out anything further about this topic then please feel free to call on 0330 236 9930, 0330 236 9938 or 07961 116321. All conversations will be in strict confidence. You can also email vee@navigatebr.com

This article is for information and interest only. It is not a substitute for full professional advice, which will take in to account the specific and individual circumstances. Navigate Business Recovery Limited cannot accept any responsibility for any loss arising as a result of any person or organisation acting or refraining from acting on any information.