This is one of the areas where Jim Mayer brings a unique perspective among mediators from his decades of practical experience with these issues.
He was a senior partner with a law firm that was noted for its representation of individual entrepreneurs who went through the various stages and challenges to become successful businesses. Some were successful investors; some were venture capitalists; and some were the driving forces behind some of Silicon Valley’s and the Bay Area’s most successful companies. The law firm also represented major banks,, such as the Bank of America, and national securities firms underwriting a wide range of businesses. Jim retired from the firm more than 15 years ago so that he has no remaining conflicts of interest with any of the firm’s current clients but his deep experience in this area remains.
Business, Banking and Commercial Mediation is an area where creative opportunities for solutions abound. Often the best solution does not begin and end with a dollar amount. Even with a dollar amount, a work-out arrangement allowing stock or an installment payment schedule avoids bankruptcy with an improved chance of meeting both parties needs. In a situation where there is a contract is involved and there are issues of quality control or failure to meet deadlines, mediation can work out a solution quickly and preserve the contract relationship. Breaking a stalemate in contract negotiations at any stage invites the use of mediation. And this applies to the formation and ongoing arrangements between or among individuals in a partnership.
One of the classic cases in which Jim mediated was the subsequent unwinding of a partnership sale after one year when the buyer claimed the business prospects were misrepresented and the seller said the business went down because of the buyer’s ineptness. To have a public airing of the dispute would have sent clients heading to the exits. The parties were able redistribute the client base with an agreed upon letter of explanation, settle employee and leasehold problems and adjust the purchase price accordingly. None of this would have been possible before a jury or an overworked judge.
Jim Mayer is an experienced mediator who can help you resolve your disputes involving business, banking and commercial disputes. Call him at (858) 551-5525.