Corporate & Business Law
It is advisable to hire a business attorney to protect your company. Doing it yourself does not work when it comes to the IRS and the State of Missouri. Over the years we have handled all legal aspects of business operations for both small and large companies. We provide professional services to clients on a wide range of business matters, including:
- Business entity selection and formation
- Drafting of operating agreement taking into account the interests of all parties
- Review of and advice on business plan or current business model and operations
- Connection to commercial and residential lenders and investors
- Ongoing protection and advice regarding changes in the law that affect the business
- Formation and maintenance of business entities
- Mergers, consolidation, reorganizations, liquidations and dissolution for profit corporations, limited liability companies, and the various forms of partnerships.
- Sale and acquisition of stock and assets
- Shareholder agreements and shareholder dispute resolution.
Arbitration/Mediation and Alternative Dispute Resolution
Most litigated cases are not resolved in the courtroom. The growing trend is to resolve the dispute by way of arbitration or alternative dispute resolution (mediation) rather than litigation. The goal of the mediation counsel is to get the matter settled. The mediation counsel has no financial incentive to proceed to litigation. For this reason, many clients are now demanding mediation counsel be appointed to act as lead counsel at mediation sessions. In addition, if you are mediating prior to litigating, you can benefit from having an attorney familiar with mediation represent you. Our goal is to resolve disputes effectively without protracted litigation.
- Explain that the mediation process is voluntary and informal (no judge) and offers an opportunity to create a mutually acceptable agreement.
- Explain the role of the mediator as a facilitator, to be neutral and impartial, that the mediator has no authority to decide the substantive issues in the mediation.
- Discuss confidentiality as the mediator will not talk to others outside of the mediation process, and that the mediator will destroy all notes taken.
- Review the Agreement to Mediate form and determine each party’s willingness to mediate in good faith.
TEN TIPS TO SUCCEED IN MEDIATION: