The Elements of Disputes

by Timothy J. Langella
MDRS Neutral and Guest Blogger

Business disputes come in all shapes and sizes, and often have both monetary and emotional elements.  Take this case, for example:

Two brothers-in-law go into business together and form a partnership or closely held corporation, after marrying their respective wives (who are sisters).  After a rocky start, the business is soon notably successful.  The two couples are close:  they work, vacation, and even socialize together.  They each start a family and the cousins seem like siblings for many years. But as the cousins age, they grow apart, causing tension among the four parents.  Small issues become large ones, tensions escalate, and the previously-strong partnership is in peril.  The men begin to bicker and argue at work, one claims the other is not as dedicated to the business, and claims of unreasonably-inflated business expenses are made – and categorically challenged.  Eventually, the two sides don’t even speak to each other, the sisters are alienated, and a lawsuit claiming breach of contract, fraud, and breach of fiduciary duty is filed.

Litigation may be able to resolve the financial aspects of this dispute – after months, if not years, of paying lawyers and experts to sort through the relevant information – but it willnever resolve the family dynamic issue.  Mediation is the very best option to not only contend with the dispute, but to deal with the factors that have also arisen beyond the business issues.  Mediating such a matter not only keeps decision-making in the hands of the partners, but also offers perhaps the best chances at preserving (hopefully improving) these complicated relationships.

An experienced mediator, skilled in partnership disputes, can help the parties air and resolve all aspects of their grievances.  Quickly, efficiently, and less costly than protracted litigation, mediation offers unequalled ROI.

Resolution of Complex Issues Go Beyond Insurance

When people think ADR [Alternative Dispute Resolution], imaginations are sometimes limited to situations having an ultimate financial settlement. While this is in many cases true, MDRS has assisted clients in resolving conflicts well beyond dollar signs.

Consider, for example, the family-owned business run for decades by Mom and Dad, now turned Grandma and Grandpa, who are thinking about retiring. Mixed families, involved together for years, are suddenly at odds as their jobs, positions, and futures feel less steady. Who will be chosen to be the next business – and perhaps family – leader? Is there favoritism involved? And what about relationships that are already contentious…are they likely to become even more problematic without Grandma/Mom and Grandpa/Dad keeping the peace and ensuring everyone stays focused on the business? Is it all fair?

There is the question of who works how many hours doing what job to consider, and of course how much they get paid for doing so. Perhaps family salaries were never subject to discussion before, and there are now unhappy surprises. There are benefits, perks, and power struggles on the line. There is, at the very core of the matter, a viable business that must be preserved and run professionally, regardless of these personal and personnel struggles.

MDRS can help resolve a wide range of conflicts, whether comprised of an ultimate financial determination or a complicated host of other factors. Our skilled mediators and arbitrators bring incredible experience to the table and help our clients achieve the results they need: closure and resolution of the issues.

Join thousands of believers when you become one of our clients. Call MDRS at (800) 536-5520 or visit us at www.mdrs.com to learn about how we can help you do more.