Commercial Disputes

When commercial relationships turn sour, or performance under a contract is not as expected, promised, or agreed, mediation can assist by having the parties fashion a mutually agreeable solution.  While the contract itself is usually the bedrock of the parties’ “meeting of the minds”, there are a lot of things that can happen to shape the actual execution of any contract or commercial arrangement.  For example, over time patterns and practices emerge that may vary from the strict terms of the contract.  Delivery dates may slip.  Product quality and workmanship may slide.  Costs and regulations may have a significant impact on one or both parties’ ability to continue to perform under the contract terms.  Eventually, the benefit of the bargain is lost. 

MIMS can help.  Whether the relationship, transaction, or project is salvageable or not, a resolution of some kind is required.  A structured, facilitated mediated discussion can provide the vehicle for the parties to re-examine the actual terms of the contract, the perceived and real facts of performance or non-performance, and the impact of such performance or non-performance.  Brian’s 30-plus years of legal experience make him well positioned to understand how commercial relations can fall apart and how to overcome apparent obstacles to making decisions that are ultimately acceptable to the stakeholders. Having worked as in-house counsel overseeing commercial litigation and corporate governance for four well-established global corporations, Brian understands the typical inner-workings of companies, large and small, and can use that experience to assist disputing parties in finding common, acceptable ground to develop a path forward.  Brian also has experience working directly with insurance companies and claims adjusters in products liability, personal injury, and property damage cases.