BCS Mediation Blog

Mediation News and Comment

Blindsided by Business Divorce or in an Unstable Business Marriage? Choose Mediation to Help You Pick up the Pieces or Prepare

Business marriages are rarely stable. Bigger business marriages may truly be marriages of convenience, and as soon as this convenience ends, the relationship may be over. Even in a mutually beneficial relationship like Intel and Microsoft, just one failed product can mean different futures for the companies. In small business partnerships, the end of the marriage may be even more difficult to recover from, as your partner may be a personal friend. Just like in a marriage it can be easy for your partner to just walk out on the marriage. If this is done in a sudden way it can leave scars and make it difficult to manage a dignified – or financially viable — exit.

Mediation can be a valuable resource – as preventative and as cure. Since business marriages are notoriously short-lived, it can be worthwhile to work out an agreement with your partner in advance. When business divorce happens suddenly and you are blindsided, mediation can help to heal wounds and repair a relationship with your ex-partner, not to mention suggesting ways to keep the business afloat. Thinking emotionally is never a smart way of tackling finances. At Boileau Conflict Solutions, we use mathematical, psychoanalytical and financial approaches to present a thorough analysis of your situation and its options. Working out your values in any partnership (business or marriage) can translate into very real material benefits or losses. Game theory helps to clarify interests to move towards a mutually beneficial outcome, while making a business appraisal can help you decide whether you want to buy, sell, or continue to work together. When business divorces move quickly the suddenness may leave the business struggling to survive.

Mediate before the break-up and let mediation help you:

– Prepare a contingency plan to survive, ie, securing lines of credit, deciding on your share and whether you want to buy or sell
– Agree to be civil so productivity isn’t affected and workers don’t take sides

Mediate after the break-up to:

– Repair a business relationship with your ex-partner if desired
– Ensure a correct handover of business assets and information
– Get employees back on track or help them adjust to new management
– Make the most of the market if you have to suddenly sell

Who We Are and How We Can Help

At Boileau Conflict Solutions we are a group of well-educated mediators and negotiators with financial, legal and psychological backgrounds who can mediate all business disputes and business relationships. We employ careful scientific, mathematical and legal knowledge to get to the heart of almost any dispute and find a resolution. We use unique approaches informed by game theory, psychoanalysis and communication theory and rely on best practices and negotiation theory to optimize the results you want and need. Mediation can help you avoid costly litigation and protect important relationships. We offer mediation and negotiation, including individual consultation for our clients who need help achieving the best deal and protecting important relationships (sometimes called deal mediation). We tailor the process to the dispute, from facilitative mediation to resolve disputes within a corporate context, to mediation of complex business disputes in every area from intellectual property to employee disputes that might otherwise be litigated. We mediate in a variety of business environments and at every stage of the dispute, from preventative mediation to establish good policy in beginning start-ups, to ongoing conflict management (whether unions are present or not). Business mediation is faster, cheaper and more efficient than letting conflict fester or resorting to litigation. An important element of mediation is choice: if business disputes require specialist industry knowledge or need to move on a certain schedule, it’s possible to choose the best mediator for the dispute and to establish a schedule that works for you (unlike litigation, which is bound to arbitrary court schedules and costs). We can help resolve your dispute at urgent notice and in a fast and efficient manner if necessary. The business mediation settlement rate is high. Please contact us at our offices in Campbell, CA (Silicon Valley), Irvine CA and San Diego, CA to see how we can help. We are also available via Zoom, Facetime and telephone and can resolve disputes remotely.

https://www.forbes.com/sites/paulspiegelman/2018/08/26/how-i-survived-my-business-divorce/#13a74bd1651a

https://seekingalpha.com/article/4215300-divorce-micron-intel-see-different-futures

Leave a Reply