Family Disputes Business Shareholder Case Study
Family disputes, a father and his four sons ran a successful chain of five family restaurants. All were shareholders with the father holding the majority share; each of the sons had an unequal share, which was increased by a percentage upon their father’s death, according to the amount of work they had contributed to the businesses as a whole over the years, leaving the oldest son with a majority shareholding.
It did not take long for the sons to become embroiled in a lengthy dispute over the running of the businesses, whereby the three younger sons were against the views of their older brother over the managing and financing of the businesses.
The older brother wanted to buy the younger brothers out but could not afford to, equally the younger brothers would have refused as this is all they knew since they had left school, in fact as he was the brains they wanted, needed to still keep him on board, but wanted some input on running the businesses, equally his excessive salary needed to be addressed.
Several family relationship issues were in play which did not help the dispute between them. It was clear that for the sake of all their interests they could not continue to work alongside one another, it was agreed that the older brother would sell his shares in three of the restaurants to his younger brothers, and he would retain two of the restaurants in which the younger brothers would sell their shares to him. Whereby all three of the younger brothers got a restaurant each and the older brother got two restaurants, a position which was slightly better than when they entered into mediation.
- The mediation took 1 day compared to the 18 months this family dispute had already gone on.
- The mediation only cost each party a fraction, compared to the thousands they had already spent on legal fees, and the thousands they would have had to spend, had they continued with Court action.
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 20+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.
Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLSDirector, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 24 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.
Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACPPsychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 18 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.
Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP, Director of Trust Mediation, Commercial Mediator
Dentist, CIArb & ADR Group Accredited Mediator, 17 years mediation experience, has been involved in over 100 civil & commercial mediations.
Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArbDentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 16 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.
David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWICommercial Mediator & Accountant
2010 CIArb Accredited Mediator. 12 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.
Martin CollingwoodSolicitor, Commercial Mediator,Arbitrator, Adjudicator, Med – Arb specialist
1996 CEDR Accredited Mediator. 26 years mediation experience. CIArb commercial mediation course tutor & assessor. Specialisms, construction, contracts, corporate sale, landlord & tenant, employment, personal injury & professional negligence.
Grant GoodladBarrister & Commercial Mediator 2002 CEDR Accredited Mediator. 20 years mediation experience. Consensio workplace mediation course trainer. Specialisms, business, charities, contract, education, workplace, landlord & tenant, media, partnership, public sector, wills & probate.
Carolyn GrahamCommercial & Workplace Mediator ADR Group Accredited Mediator. 16 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.
Phil HeskethSolicitor till 2008, Commercial Mediator 1997 ADR Group Accredited Mediator. 25 years mediation experience. Head of insurance litigation department, specialising in personal injury & insurance litigation. Specialisms, personal injury, professional negligence, partnership, landlord & tenant.
Paul Hughes Solicitor & Commercial Mediator 2007 ADR Group Accredited Mediator.15 years mediation experience. Specialisms, property, insurance, construction, professional negligence, boundaries, landlord & tenant & engineering.
Russell JonesSolicitor & Commercial Mediator 2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 19 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.
Robin LeeBSc Mech Engineering, Commercial Mediator 2007 ADR Group Accredited Mediator. 15 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.
Michael McCourtLLB MSc FCIArb, Deputy DistrictJudge, Commercial & Family Mediator
2002 ADR Group Accredited Mediator. 20 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.
Frances PlaceCommercial & Family Mediator 1997 ADR Group Accredited Mediator. 25 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
John RocheLLB (Hons) Solcitor & Commercial Mediator 2007 ADR Group Accredited Mediator. 15 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.
Julian RendallLLM, MCIArb, FMCA, MIAM's PPCSupervisor, Commercial, Workplace & Family Mediator
2002 CEDR Accredited Mediator. 20 years mediation experience. Specialisms, business, company, contract, debt recovery, director & partnerships.
Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,Arbitrator, Expert Witness & Commercial Mediator
2007 CIArb Accredited Mediator. 15 years mediation experience. Senior Counsel, Arbitrator, Conciliator, Med Arb & Expert Determination specialist. Specialisms, building, construction, civil engineering, rail, marine, energy, site remediation, professional negligence, contract & partnerships.
Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator 2005 CEDR Accredited Mediator. 17 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.
Lubna ShujaSolicitor, Commercial & Family Mediator 2002 CEDR Accredited Mediator. 20 years mediation experience. CIArb commercial mediation assessor. Issued over 175 arbitration awards. Co-author of ‘The Arbitration Act 1996 – A Commentary’. Principal Lecturer, University of the West of England. Specialisms, property, commercial & construction.
Jonathan TecksMA, FCIArb, DiplCArb, Barrister,Arbitrator, Academic & Commercial Mediator
2003 ADR Chambers Accredited Mediator. 19 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.
Peter WebsterSolicitor, Commercial, Workplace & Family Mediator Previous
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Carolyn Graham Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor
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