Dispute, mediation and conflict resolution
Finding financial clarity in conflict
Competing interests among partners or shareholders can lead to complex disputes requiring court intervention. These disputes may range from shareholder oppression, breach‑of‑contract and joint‑venture litigation to large‑scale, class‑action lawsuits.
Our experts can be appointed by the courts to manage assets at issue, provide clear, logical analyses and reports, as well as review and assess the merits of the financial claims.
Acting as both receivers and inspectors
In our role as a court‑mandated receiver, we are charged with protecting stakeholders’ interests by taking possession of – and realizing on – the assets in dispute. We can also be mandated to:
Carry on the business as normal, pending the dispute’s resolution
Conduct an auction between disputing shareholders, leading to one shareholder buying out the other’s shares
Sell or liquidate the business, distributing the proceeds to the stakeholders
Meanwhile, as an inspector we are tasked with gathering information – the scope of which is determined by the court – then reporting on the facts we discover. This entails:
Reviewing a company’s premises (or other property)
Examining and analyzing financial records
Gathering information from officers, employees and others knowledgeable about the company’s affairs
Our report covers the information requested by the court. It may also help disputing parties better understand their respective positions so they can determine whether to settle or pursue further litigation.
It takes a multidisciplinary team
Whether acting as a receiver or inspector, carrying out these court-mandated duties for shareholder and partnership disputes requires an investigative mindset and a comprehensive understanding of a variety of factors.
We can quickly mobilize the expertise of an in‑house team of restructuring and recovery, tax, business valuation, litigation support, forensic accounting and other accounting professionals to produce objective, defensible reports that stand up to the most rigorous scrutiny.
Conflict actually represents an opportunity to achieve greater understanding within a team. Of course, resolution is a challenging process, but by facilitating greater clarity in this process, our experts can help incite meaningful change that enables a team to work better together.
Mediation and conflict resolution
Unresolved conflict can disrupt corporate culture and productivity by affecting communication and employee morale. As neutral experts, we offer new perspectives that foster understanding and lead to solutions for reconciliation. We provide services to help organizations achieve shared solutions:
Complaint investigations
We investigate issues related to disrespect, health and safety, policy violations, discrimination, harassment, and interpersonal conflict. We facilitate the resolution of workplace disputes about roles, performance, and conditions, as well as commercial disputes and community relations for public sector and non-profit organizations.
Facilitation and training services
We equip teams and leaders with conflict resolution skills through group training, addressing both proactive development and immediate issues. We work directly with leaders to implement effective conflict management strategies.
Connect with your Baker Tilly advisor to learn more.
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