Shareholder disputes, partnership disputes and disagreements between business partners are manageable with the right help. A shareholder dispute lawyer at Melbourne Law Studio can advocate on your behalf during disputes to help you avoid legal pitfalls and escalations in conflict.
Shareholders Agreement
A shareholders agreement is an essential document that provides the foundation for the governance of your business, what a shareholder can and cannot do as well as a shareholders’ rights, obligations and role in the management of the company. A shareholder’s agreement typically also outlines a dispute resolution procedure. Carefully review this when a dispute arises to see if it can help deal with the issue at hand.
What if There’s No Dispute Resolution Procedure?
If there is no dispute resolution procedure in your shareholders agreement or company constitution, look for any informal agreements about how disagreements and disputes would be handled. This may include conversations over email or text messages. Aim to pinpoint the root cause of a dispute and consider fair compromises and outcomes to settling the matter.
Mediation from a Shareholder Dispute Lawyer
A shareholder dispute lawyer specialises in mediating disputes between shareholders to help avoid the matter going to court. They can function as a neutral third party while using their experience and expertise to explore and suggest potential compromises. They can clearly outline each person’s rights and obligations in different scenarios to help provide clarity and insight into potential solutions. They can also assist you in the commercial litigation process if dispute resolution fails.
Resolving Disputes in Court
The court can make a variety of orders to resolve a shareholders dispute, including:
- Winding up the company
- Provide directions on how the specific issue gets handled
- Ordering one shareholder to purchase another’s at a price set by the court
In addition to being more costly, the result may be something neither party wants. This makes negotiations during mediation the more favourable process.
Speak with a Shareholder Agreement Lawyer in Melbourne
If you need help settling a dispute or creating a shareholders agreement for your business in Victoria, get in touch with Melbourne Law Studio. Book a free 15-minute consultation with a shareholder agreement lawyer by calling 03 9021 1421 or contacting us online.
