Jurisdiction(s):
United Kingdom

Lawyers' guide to resolving family business disputes: early containment, facilitative mediation, stakeholder diagnosis, collaboration and Plan B/BATNA preparation

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Practice notes

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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 actually in conflict; it is more difficult still if the matter enters the public domain. If at all possible, ask the parties to agree to a moratorium on:

discussing the issue while a process is put in place and given a fair chance to work (which requires that this be undertaken with the minimum of delay)...

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Ian Marsh

familydr

Ian Marsh specialises in family dynamics and communication. Drawing on 40 years' experience of working with families as adviser, litigator and trustee, on his craft as a mediator, and on the principles of interpersonal neurobiology, Ian now works as teacher, coach, facilitator and mediator to families around the world, helping them to have the conversations they need to have but have never quite got around to (too difficult!), or have tried their best to have but without success (nobody listened!). Those conversations are often (but by no means always) about succession and governance. Ian is accredited as a mediator by both the Chartered Institute of Arbitrators and the Hong Kong International Arbitration Centre. He is a member of the International Steering Committee of the STEP Business Families Special Interest Group, and is the author of the Conflict Management and Dispute Resolution chapter in...

Web page updated on 21/05/2026

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