EXAMPLES OF BUSINESS PARTNERSHIPS IN CRISIS…
Example 1: One business partner has decided to no longer be in partnership with the other; it is a painful situation for both. They know they have to make many decisions about how best to dissolve and to part ways.
Example 2: Two partners have decided to wind down the business and sell it to a third party. The rights to certain work-product are in question. A potential third party buyer, the son of the partners, has a number of
Example 3: Four siblings are co-owners of a business and a beach house, all left to them by their deceased parents. Two have decided they want out of the partnership. The business and the beach house are both valuable properties, but the actual value of each is also in contention.
Partnership dissolution or potential dissolution are rarely easy and are often highly emotional. Whether involving two or more partners–family members, friends or business associates–mediation is ideal for partnership changes and potential dissolution. The partners may either no longer be talking productively to each other or they may be getting along well but know they have to face difficult decision making and, in either event, want to ensure and preserve their relationship and personal integrity after the buyout, dissolution or reconfiguration. Such mediation are typically requested by one of the partners, or more frequently by a family member of one of the partners or by another employee within the business who recognizes the delicate aspects or the potential corrosive aspects of the situation.
Mediation is a confidential, facilitated process of discussion and negotiation that allows the participants involved in a conflict or a dispute about a partnership dissolution, the opportunity to exchange divergent views, ask questions, and discuss difficult topics with the assistance of a neutral third party as they explore and find mutually acceptable and/or understandable solutions. Additionally, many business partners and families are finding that instead of avoiding discussion of the painful or messy aspects of partnership dissolution, mediation is a preferred choice with outcomes of quality interaction and greater understanding. And when chosen, parties often find workable resolutions for all concerned. Greater understanding alone lessens what can otherwise be a devastating experience for the partners or family and the generations to follow.
Family business partners and their families who are affected by the partnership dissolution have also relied upon Mediators Mediation for the facilitation of quality dialogue for those matters where there may not necessarily be a “dispute” or the possibility of a different substantive outcome, but where there are divergent opinions being expressed or where there is not the opportunity for such expression within the family otherwise. In such event, these family partnership mediation often involve multiple participants and the outcomes are relief, clarified relationships, lessening of resentment, greater understanding and acceptance and often the reestablishment of good will.