These matters may involve ownership, governance, and control of a business, including disputes regarding equity interests, decision-making authority, and exit mechanisms.
How Mediation Helps In This Context
Participants often address options such as buyouts, capital adjustments, or governance or control changes while mapping practical steps and approvals tied to implementation. With a clear sequence, participants can reduce uncertainty and avoid unintended consequences while moving decisions forward.
Common Issues
- Ownership and governance structures
- Valuation methodology and timing
- Deadlock, dissociation, or exit mechanisms
- Interim decision paths and information sharing
Some Considerations For Counsel Preparing For Mediation
- Consider decision trees for exit options where helpful
- Identify lender notices or member or board approvals that may be required
- Consider the sequencing and timing of approvals, filings, releases, and payments, including any dependencies between steps.