Navigating Commercial Disputes in Mediations: Family Businesses
This article outlines some of the particularities of family business disputes and suggests some guidelines that mediators may want to consider when mediating them.
August 10, 2022 at 10:00 AM
7 minute read
Alternative Dispute ResolutionFamily business disputes can be some of the most complex cases to mediate. By their very nature, they involve not just financial matters but also a number of deep emotional issues related to the disputants. They generally have a direct impact on immediate family members who often influence the parties behind the scenes. Mediation is almost always the most compelling dispute resolution mechanism for these types of disputes. Mediators can, and often do, approach these cases differently than other commercial disputes. In this article, I outline some of the particularities of family business disputes and suggest some guidelines that mediators may want to consider when mediating them.
Acknowledge the elephant in the room. Generally, when family disputants approach a commercial mediator, they are focused on the financial matters they want to resolve. Obviously, the mediator's mandate is thus squarely limited by the scope of that dispute. That being said, the financial issues are generally one aspect of a complex set of intertwined financial and emotional relationships, and thus merely the tip of the iceberg.
Indeed, behind the financial disputes lie long standing, often deeply rooted, sensitive issues … sometimes even going back to the disputants' early childhood years. I believe it's important for a mediator to consider acknowledging such emotional issues at the onset of the mediation session. Not necessarily to address them (at least not then and there) but simply to ensure that they are recognized by all. In doing so, the mediator reminds the parties that their decision-making may be heavily guided by such emotional baggage.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllKenneth Feinberg Had Dreams of Being on the Big Screen. His 9/11 Victims Fund Gave Him an Unexpected Star Turn
Manhattan Appeals Court Appoints Retired Justice as New Pre-Argument Conference Chair
2 minute readNo-Fault Insurance Law Wrap-Up: Recent Decisions Concerning Arbitration Awards
12 minute readTrending Stories
- 1First California Zantac Jury Ends in Mistrial
- 2Democrats Give Up Circuit Court Picks for Trial Judges in Reported Deal with GOP
- 3Trump Taps Former Fla. Attorney General for AG
- 4Newsom Names Two Judges to Appellate Courts in San Francisco, Orange County
- 5Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250