Mediation of Business Dissolution Disputes

Jim Underhill has more than 20 years experience focusing on the representation of distressed businesses, partner, shareholder and member disputes, beginning with the formation of the business and drafting of shareholder agreements, business operations, counsel when the business becomes distressed, and litigation or mediation if partners cannot find a workable solution to their problems.

Jim is available as a mediator in business separation situations and offers 30 years of experience. Jim does not just tell clients what “the law” requires while pressuring each side to make concessions. Instead, he speaks the language of business and understands the options available – especially those which the parties have not thought of themselves. Partners work through the situation to find desirable options, rather than forced compromises.

As you can imagine, resolving disputes among the owners of a business amicably can save a great deal of money and time. Sometimes, however, and amicable resolution is not possible and the owners may need to dissolve the business. Judicial remedies can be ineffective and litigation costs can rise rapidly on all sides if business owners cannot reach agreement on how to separate without destroying the business.

We are one of few firms in the nation with specialized expertise in the country. We coined and trademarked the term Business Divorce® to refer to the services we provide in the context of the separation of business partners, shareholders and members of closely held businesses, as well as the disputes and litigation that arise from that process.  Because of our extensive experience in this area, we are able to quickly identify and analyze issues arising in disputes among the members of closely held businesses.  We thoroughly understand that these disputes can be as acrimonious and stressful as the breakup of a marriage. They can ruin the business, bankrupt the owners or prevent the principals from moving forward if not handled well.

Areas of Expertise:

• Planning the dissolution of businesses.
• Negotiation with creditors, lenders and third parties.
• Mediation of business disputes as a neutral retained by both sides.
• Assistance in framing and funding the redemption of ownership interests.
• Assistance with the negotiation and drafting of partnership, shareholder and member agreements.
• Consultation during the litigation of business dissolution disputes.