Litigation pertaining to shareholders disputes is most often expensive and time consuming. So seeking advice early on (and using the CEDIRES dispute resolution clause in every shareholders agreement) is of paramount importance to save cost and energy in the long run.
Even if there are personal differences, it may be possible to arrive at a settlement which satisfies all the parties and keeps the business alive without incurring the substantial costs of litigation.
Even once legal proceedings have been commenced, it is still possible to settle out of court.
Where there is a genuine desire to settle on both sides, mediation is the obvious solution: a neutral person who is a trained mediator will guide conflicting parties towards a mutually agreed compromise. Mediation is a far quicker and less expensive means of resolving disputes than litigation. A successful mediation results in significantly lower costs and time lapse compared to court proceedings.
Our members have considerable mediation experience and a successful track record in bringing about a resolution of shareholder and partnership disputes through the use of mediation.
It is not always possible to resolve disputes by mediation, in which case ending the dispute through arbitration organized by CEDIRES is definitely the best option. In any event, the parties are sure of a solution.
