Shareholder and other business disputes may arise for a variety of different reasons including, among others, management, operation and finances. The expenditure of company resources and potential adverse impact to the entity resulting from protracted litigation that interferes with the regular business of the company can be devastating to the company and its shareholders. With significant litigation and business backgrounds, our mediators can skillfully assess and facilitate resolution around:

Breach of shareholder agreements.

Conflicts involving shareholder and other business disputes may result from the failure to comply with a shareholder agreement. These disputes can be complicated and emotionally charged and require seasoned neutrals to assist the parties.

Breach of fiduciary duty.

A corporation’s Board of Directors has a fiduciary responsibility to their shareholders. Mediation can prevent a costly legal battle between a Board and a company’s shareholders. 

Shareholder oppression.

Minority shareholders (those who hold less than 50 percent of voting shares) can be vulnerable to oppression by the controlling shareholders; this can include exclusion from management decisions, dilution of minority shares, denying dividends, and other abuses. A skilled mediator can bring minority and majority shareholders to a compromise. 

Corporate indemnification.

Many times a corporation will defend and/or indemnify their officers and directors from claims such as lawsuits, litigation awards, or settlement costs. Sometimes indemnification extends to members and shareholders. Our skilled mediators can facilitate corporate indemnification cases.  

Insurance claims.

Mediators work with companies and insurers to arrive at a mutually acceptable settlement outside of court. 

Securities violations.

Our mediators have experience with issues of breach of fiduciary duty, malpractice, unauthorized trading, churning, insider trading, and market manipulation.