The service focuses on disputes of a contractual nature with financial implications.
This can include verbal agreements between parties, or superficial agreements where several aspects are assumed, implied, or expected, but not clearly stipulated or formalized. Conversely, agreements may be highly specific but fail to capture the spirit and intent which leads to unexpected edge case situations. The disputes may be in a state where the parties are no longer engaging constructively and trust has broken down.
The initial objective is to reduce tensions and get honest and transparent conversations going.
After understanding what each party really wants and also what it wants to avoid, the next objective is to focus on balancing overall fairness and to avoiding lose-lose outcomes.
The final objective is to move in a quick and cost-effective manner towards mutually acceptable compromises for the parties involved.
The Capital Agents team has highly relevant experience in resolving complex disputes involving a variety of types of stakeholders such as: directors, shareholders, creditors, co-founders, key suppliers.
The executive consultants of Capital Agents can further leverage their technical and managerial backgrounds, as well as their experience from various disputes to quickly understand complex technical and functional details that are at the core of disputes at hand.
This practical experience and broader perspectives differentiates Capital Agents from traditional law or insolvency firms in such situations.
The differences in the approach between cases of Mediation and Arbitration are highlighted below.
1. Keep iterating to identify points of agreement and gradually reduce the gaps in demands between the parties.
2. Rephrase and empathetically explain the perspectives and grievances of each party to the other side.
3. Propose a range of balanced and reasonable compromises for consideration by all sides.
4. Manage expectations of the alternative implications in failing to reach an amicable conclusion.
1. Critically review narratives and evidence of the parties to ensure consistency and credibility.
2. Evaluate the facts, circumstances, actions, and intent of the parties, in the balance of probabilities.
3. Deliver the arbitration with specific outcomes, actions, or remedies to be taken.
4. Provide detailed written arbitration reasoning to be taken forward to potential subsequent court appeals.
