Mediating M&A Related DisputesThe confidentiality and nimbleness of mediation make it an attractive alternative to protracted, expensive litigation. Informed by more than 40 years of experience as a successful M&A deal maker, we act as a neutral mediator to assist parties with the resolution of disputes relating to mergers, acquisitions, divestitures, joint ventures, or control or minority investment transactions. Our mediation services include:
- pre-mediation conferences to assist the parties in articulating the issues and shaping the mediation process most likely to succeed;
- working with the parties during mediation sessions, either in separate caucuses or joint sessions as appropriate, to help the parties assess the strengths and weaknesses of their own positions, identify common ground and pursue creative, efficient and value-creating solutions; and
- following up with the parties to help resolve issues not settled during the mediation sessions until the parties decide that all avenues to resolution have been explored.
Learn more here about how mediation can be used to maximize value in resolving M&A related disputes.
Although we are based in Boston, our practice is not limited by geography. We are able to travel if the parties prefer in-person mediation or to conduct mediation using an on-line video platform.
The nature of an M&A transaction means that reaching a definitive agreement is often the beginning of a long-term relationship. A standing mediator is engaged by the parties on a clear day, before a dispute arises. The standing mediator familiarizes herself or himself with the transaction documents, the interests of the parties and the identities and personalities of the key decision makers and influencers on all sides, and is then available as a neutral to assist the parties in resolving issues as they come up over time. When appointed to serve as a standing mediator we work to enable the parties to solve problems before they become disputes, to resolve disputes efficiently and to preserve relationships.
Learn more here about how a standing mediator can add value to many M&A deals.
As an alternative to mediation, we are also available to help disputants evaluate the strength of their claims and their likelihood of success if settlement efforts are eschewed or are unsuccessful. This type of objective, dispassionate assessment can sometimes be difficult for counsel who was either involved in the underlying M&A transaction or who has been engaged by a party as an advocate. We may not always tell you what you want to hear, but we will tell what you need to know.
Facilitating Deal Negotiations
Our services are not limited to situations in which parties have asserted claims against each other. Deadlock can arise during deal negotiations. Parties may become wedded to their positions and counsel may become overly invested in “winning” points. Acting as a dispassionate neutral, we are well positioned to assist parties to potential M&A transactions in helping them find creative solutions to negotiation impasses.
Coaching Representational Lawyers
Representing a party in a mediation calls for skills and approaches that are different from those required to advocate for a party before a decision-making tribunal. A mediator can offer a unique perspective on the approaches most likely to enable counsel to function as an effective representative of her or his client in a mediation setting. We are available to coach lawyers who are engaged to represent parties in M&A-related mediations that we are not conducting.