Business Dispute Mediation

Why Mediating Business Disputes Works

  • The Parties Remain in Control - in a confidential, informal and flexible process; parties given the opportunity “to be heard”
     
  • Mediation is More Affordable - and is often faster than other ways of settling business disputes and making decisions
     
  • Mediation is Future Oriented - the focus is on how people want things to be in the future (what they can influence) rather than on the past (what they can’t change)
     
  • Mediation Inspires Creativity - parties can safely explore more options and possibilities - collaboratively
     
  • Mediation is Positive - does away with “blame games”; the goal is to move towards “interests” and away from “positions”

Current Trend in Mediation

American Bar Association Study
“What is clear is this: those hiring mediators need to be thoughtful about what sort of knowledge or expertise they really need, or do not need, in a mediator, and they need to be clear with a mediator candidate about that as well; similarly, mediators need to be candid about their experience level as well. As the field continues to grow, one of the trends is likely to be increasing - specialization on the part of mediators.”

Source: ABA Section of Dispute Resolution Task Force on Inproving Mediation Quality (April 2006 - February 2008)

Darrell V. Arne Business Mediation Specialization

Contractual Disputes:

  • Brokerage/Listing Agreements
  • Business Purchase Agreements (asset/stock)
  • Buy/Sell Agreements
  • Financing Agreements (debt/equity)
  • Franchise Agreements
  • Insurance Policies (business interruption)
  • Merger Agreements

Contested Wills (involving a business) 
Dissenting Shareholder Suits
Domestic Relation Cases (involving a business)
ESOP Fiduciary Liability Cases
Family Business Disputes
Lender Liability Cases
Lost Profits/Value Cases (involving a business)
Partner/Shareholder Disputes
Professional Liability (CPAs/Appraisers/Brokers)

Darrell V. Arne Mediation Style & Process

Styles: Facilitative and Evaluative (if requested)

Mediation Process:

  • Initial Meeting - clear any conflicts; confirm with legal counsel and the parties the Style of mediation assignment requested and the Mediation Process (customized); agree on cost
  • Mediation Terms - Mediation Agreement terms are spelled out; parties, legal counsel and mediator sign the Agreement; mediator paid a retainer
  • Pre-mediation Evaluation (if requested) - mediator gathers and analyzes information in preparation for the mediation; may include interviews with the parties (approval of ex parte communication)
  • Mediation Session - all sign Confidentiality Agreement, opening statements (if desired), joint session, individual caucuses (if needed), parties collaborate in developing solutions
  • If a Settlement is Reached - Settlement Agreement terms are written up and signed by the parties, legal counsel and the mediator
  • If a Settlement is Not Reached - summarize what progress was made; discuss with parties and legal counsel the possibility of a follow-up mediation session

Articles written by Darrell Arne relating to Business Mediation:

The CPA as a Court Appointed Expert: Opportunities and Challanges, CPA EXPERT, American Institute of CPAs, Winter 1995; Bar Journal (Reprint), State Bar of New Mexico, May/June 1996

Alternative Dispute Resolution Opportunities for the CPA, The CPA Management Consultant, American Institute of CPAs, Spring 1993

Straight Answers to Business Appraisal Questions, The New Mexico Lawyer, April/May 1993

Client-Attorney-Business Appraiser: The Meeting of the Minds at the Start of a Business Valuation, Bar Bulletin, State Bar of New Mexico, October 12, 1989