Creative Alternatives to the Courtroom
Business and Partnership Services: Common sense solutions for a number of financial issues.
Whether written or unwritten, financial agreements among business owners, principals or partners can sometimes lead to disagreements. And unless they’re quickly and fairly resolved, these disagreements can lead to serious conflicts – conflicts that threaten not only personal relationships, but the survival of a business itself.
When that happens, Bob can help move business partners away from what he’s observed as “entrenched” positions toward common sense solutions instead. Bob will apply his knowledge, skills and years of experience to address a range of business issues with the potential for conflict including shareholder exit strategies, buyouts and severance packages; buy-sell agreements; stock options packages; compensation/workload formulas; key employee valuation; business and business assets valuation; revisions to or dissolution of partnership agreements, and more.
Business partners have their choice of three settlement methods, based on what will work best for them. A brief summary of each is shown below.
In a business mediation, Bob first meets with all the parties and reviews any documentation (with no formal financial analysis) to understand the situation and its underlying issues. He then caucuses (meets) with each party separately, mediating back and forth until an agreement is reached.
As he does for couples and families, Bob may serve as a business arbitrator, reviewing financial data, hearing testimony and issuing binding or non-binding decisions. Or he may serve as a neutral financial expert, submitting his findings and recommendations to an appointed arbitrator.
The Collaborative method is a true team approach. In addition to Bob’s participation as a financial neutral, the team may include other business specialists (real estate appraiser, valuator, CPA, etc.). Discussions are facilitated by a counseling professional, and recommendations are presented to the parties’ attorneys for settlement negotiations.
Please note: these methods are all designed to prevent litigation. However, if litigation appears inevitable, Bob may choose to participate as a financial neutral and/or serve as a consultant up to, but not including, the litigation process.