How are shareholder and partnership disputes resolved?
The first option for the resolution of disputes between directors, partners or shareholders is always negotiation.
Where it is possible to negotiate a resolution by meeting directly with those involved, this can provide a quicker and more cost-effective route than going through the courts.
Negotiated solutions should provide practical actions that will meet the interests of all parties involved.
If a partner or shareholder is aggrieved, it might be necessary for a buyout of their shares at a fair price by either the company or by other shareholders.
If your company is facing the threat of a winding-up order from a shareholder, it could be wise to make a reasonable offer to buy that shareholder out.
This may prevent the court from ruling that you have acted unfairly, as you will have offered the shareholder an option to settle the matter.
However, it is important that you discuss any such buyout offer with an experienced commercial dispute solicitor before taking any action.
If direct negotiation is not possible or feasible, then a mediator can be appointed to aid the process and act as a catalyst for a quick, low-cost resolution to the matter.
Should negotiation and mediation fail to bring the matter to a close, court action may be required.