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Lawyers' guide to resolving family business disputes: early containment, facilitative mediation, stakeholder diagnosis, collaboration and Plan B/BATNA preparation
PRACTICE NOTES
Conflict is inevitable…war is not Conflict is part and parcel of being human. In and of itself it is neither good nor bad; what counts is how we respond. Managed well, it can spark creativity and progress, acting as a catalyst for innovation and invention. Managed badly, it destroys health, erodes wealth and damages relationships. Where conflict management protocols are already in place, and dynamic stress within the family/business system hardens into patent conflict (see Practice Note: Guarding against family business disputes), they should be implemented at the earliest possible opportunity. If no such measures exist, or they fail for any reason, the following should be considered. Containment Conflict becomes far more difficult to manage once it spreads beyond the principals: others will predictably take sides, publicise the dispute, and circulate commentary shaded by their own world view and personality traits rather than those of the people
Corporate
Preventing and Resolving Family Business Disputes: Governance, Fair Process and Dispute Resolution Protocols
PRACTICE NOTES
Conflict is inevitable…war is not We are innately geared to persist, to reproduce, and to position our children to do the same. In contemporary settings this manifests as rivalry for: scarce resources—here, ownership or control of the business authority and sway within our ‘in‑group’—here, the family and/or the business our own values to be adopted as the group’s/family’s standards Conflict itself is neutral; our response determines its impact. Handled well, it fuels creativity and breakthrough. Mishandled, it damages health, wealth, and relationships. Conflict is not something to be (re)solved once and for all, but a persistent element of family dynamics to be stewarded day by day. Emerging conflict Interpersonal strain becomes overt conflict when one person believes—or fears—another stands in the way of their aims. In particular: perception is paramount; whether the belief is objectively warranted does not matter the brain region
Corporate
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