Business mediation
Business is precisely the sphere in which mediation finds the greatest application. Resolving a commercial dispute in court is something that no company with an established reputation and name aims for. Therefore, settling a dispute in court between two or more business partners is rarely the first decision these company leaders make. This is usually the last decision they want to make. This is where commercial mediation comes in handy.
It is characteristic of commercial mediation that it aims at a quick solution, with which losses for the company are minimized. In such a dispute, not only potential financial losses are at stake, but also time and image. The main priority in solving these conflicts is precisely to reduce the loss, and if possible even to increase the future profit, for this reason, what are the future possibilities of profit are always studied with them. There are cases where the negotiation of a mutually acceptable solution involves not only financial compensation in the form of a monetary payment, but through a future service of this value.
Through commercial mediation, we aim to find a way to continue the commercial relationship.
- It is important to note that for conducting mediation between legal entities, it is important who will be a participant in the procedure and what his representative authority is.
- We often conduct a preliminary conversation with the lawyers of both parties at the same time, in order to initially clarify what the legal side of the dispute is.
- In commercial mediation, the exchange of documents and opinions between the parties is permissible, even recommended, to clarify the factual situation., за изясняване на фактическата обстановка.
- It is also recommended to pre-arrange in more detail the conditions of the mediation, namely: the time limit, the need for an expert assessment, etc. We work with appropriate experts should the parties agree to a hearing.
Examples of cases where mediation is recommended:
- Payment of the value of a company share upon termination of participation in a limited liability company;
- Liability of a manager or controller of a limited liability company for damages caused to the company;
- Monetary and non-monetary claim arising from a contract, one-sided transaction, tort, unjust enrichment or conducting another's work without authorization;
- Existence, termination, destruction or annulment of a contract or of a unilateral transaction or to enter into a final contract;
- Protection of membership rights in a Commercial Company or to cancel a decision of the general meeting of the company;
- Protection of intellectual property rights;