A Little History About Neutral Facilitation
For a number of years, using a neutral intermediary to resolve litigious disputes (called “Alternative Dispute Resolution” or “ADR”) has been considered to be a preferred alternative to the adversarial system involving court proceedings. Recent developments in resolving matrimonial disputes, referred to as “Collaborative Law” have shown that this approach has been far more desirable than the destructiveness resulting from a scorched earth adversarial approach, providing, of course, that the parties wish to resolve their differences with the least amount of acrimony and cost.
Frank has created a process that utilizes this same neutral and collaborative approach in implementing commercial transactions as an alternative to the traditional adversarial process. Two business people who wish to form an economic alliance, or wish to buy or sell a business should be able to benefit from a non-adversarial approach in implementing a joint business undertaking or other transaction where the legal issues are not overly complex, and the relationship between the parties is one in which an adversarial approach is not attractive. In these circumstances, it is perhaps time for the business community to consider a new legal paradigm.
The North American legal tradition has been based upon the adversarial system. Traditionally lawyer’s training has always focused on identification of issues and problems rather than the implementation of solutions. Except for recent implementation of courses in ADR, law schools have devoted very little effort to teaching law students to become creators of solutions. Consider how long it has taken ADR to be implemented as a requirement in our court system, even though the concept of ADR has been around for more many years.
Roadmaps That Explain Your Solution
Neutral transaction facilitation may appeal to parties who propose to enter into a joint business undertaking, and may be willing to consider using a neutral solution provider rather than retaining separate counsel to negotiate the terms of a joint venture, agreement of purchase and sale or other form of agreement using the traditional adversarial process. In many cases, the issues to be addressed may be primarily of a financial nature that can be identified by the parties financial adviser during the course of due diligence investigations. Granted, this approach is not appropriate in many circumstances and even where used, the parties will need to be advised to seek independent counsel. However the concept should not be rejected out of hand.
Benefits of Transaction Facilitation
What We Can Do For You
This approach to implementing business transactions may have the following advantages over the adversarial system:
Relationship Management
we can prepare both parties for what is involved in a purchase and sale of a business and have them participate in structuring the process so that the parties understand what is required and are not caught by surprise, an experience that many sellers often find stressful.
Negotiation of the Deal
Ensuring that both parties are properly represented by their financial and business advisers, so that the parties are able to identify legitimate differences in their views of the proposed transaction and are able to address them in a facilitated environment that enables them to reach mutually acceptable solutions.
Cost Effective
avoiding the multiple exchanges of drafts of purchase and sale agreements between counsel that can double or triple the costs leading up to settlement of the terms of the transaction.