BATL^® is also experienced at negotiating business transactions between shareholders and companies. Our specialist business negotiations are based on key knowledge of commercial issues involved in business. This includes not only knowledge of profit and loss accounts, balance sheets and cash flows, but also knowledge of the key drivers of business and financial performance.

Our founder director has advised several shareholders that have issues or disputes to be resolved as part of arriving at an agreed transaction. Sometimes, this can involve mediation between family shareholders, before an appropriate solution is finally concluded. Commercial negotiation or mediation is proving to be effective and popular for business owners for the following reasons: -

• The business negotiation approach is to reach consensus, whereas the legal approach is adversarial,

• The legal process usually makes one party lose.
• Where we advise one client we act in their best interests,

• but where we act for a family group, we seek to establish win-win outcomes,

• so that some upside from the business negotiation is achievable by all parties.

• A commercial approach to business negotiations is preferred to litigation.

• Litigation involves costs for parties that are difficult to control,

• hard to quantify, and time based fees that can go on for years.

• There are moves to use commercial mediation in contracts in Ireland, and Britain, and

• legal firms now state that courts in future are likely to find costs in favour of those that seek mediation and business negotiation prior to pursuing litigation in the busy courts.

• Reaching agreement through commercial negotiation is generally easier than through litigation

• because the shareholders ego’s are not as publicly exposed to the process.

• Commercial negotiation is considerably less expensive than litigation – time limits can be agreed, and therefore costs can be controlled better.

Often, the approach to third parties in the tone and manner can affect the possibilities for successful business negotiation. Good negotiators often look for opportunities for: -

• rapport between the parties,
• determining the parties underlying interests,
• seeking possibilities,
• overcoming obstacles, and
• breaking deadlocks.
• So, to achieve it, negotiate it.

So how do you negotiate an acquisition, a business sale, or commercial agreement?

By letting us review the commercial issues, to look at the interests of the parties and to apply our skills to achieve the objectives of the parties through business negotiation.

Negotiation provides the means to achieve commercial agreements. Using the business negotiation process, there are opportunities for: -

• addressing the commercial interests of the parties,
• determining the primary commercial issues,
• arriving at consensus,
• So, to achieve it, negotiate it.

Some business contracts are now including clauses for conciliation, or a conciliation process BEFORE any party goes to the final stage of arbitration. In our experience older contracts did not sufficiently allow for “exits” between shareholders, and the absence of dispute resolution mechanisms contributed to parties using the litigation route. Many commercial agreements could benefit from a stronger focus on what happens at exit. Exit issues can arise in the future, and need to take account of

• one party wanting to exit while the other party wants to remain,
• clauses to break deadlocks,
• clauses to reduce conflict/resole it,
• elimination of disputes between shareholders on exit,
• appropriate exit mechanisms,
• ways to overcome lack of control,
• ways to deal with lack of marketability,
• So, to achieve it, negotiate it.

Our aim is to become Ireland’s top company for negotiating business and commercial disputes between shareholders. Outlined below are some of the main aspects that can lead to shareholder disputes: -

• The main rules for companies often do not contain an exit mechanism, or a process to reach agreement on an exit. This can frustrate family owners of shares, because they will disagree on what the shares are worth at the time of exit.

• One family shareholder may wish to retire, but does not know how best to cash in their shares, or

• family shareholders may seek how to pass them on fairly to other family members.

• One family member disputes how the business ought to be run,

• another shareholder does not contribute to the future running of the business.

• The business may be held back by a family member not agreeing to progress or modernise the business.

• There may be disagreements on business strategy or direction.

• One shareholder does not hold a majority of the shares issued.

• One shareholder may be contributing a lot more effort to the business even though they may hold a smaller shareholding than other shareholders.

• The shareholders see the next generation as diluting the business in the future.

• in one case there were 13 children of the owners coming down the tracks

• the business could not support all of them in the lifestyle of the original three family members.

• In a 50%:50% shareholding one shareholder does not agree with another, without an exit mechanism or deadlock breaking mechanism, these shareholders can get stuck.

So it is not just in acquiring a business or in selling a business that specialist commercial expertise may be necessary. The experience our directors have in commercial negotiations concerning private companies can help to arrive at agreement between the parties, faster and more cost effectively. It is useful to avail of professional deal resolution methods on a commercial basis as distinct from an adversarial legal basis. Business and Technology Links Ltd. can assist you with negotiations and/or mediation to resolve commercial disputes. Or you can see some of the other services we provide on the site map.

As business negotiators, we quote for our services depending on the complexity of the case involved, and the service needs of our customers. We have acted for customers playing a role in the background, where another adviser played the lead role, and gave our insights on the negotiations tactics and valuation issues that assisted in concluding a suitable deal for our customer. The Business and Technology Links offering is attractive because fees are not charged on an hourly basis and are wholly visible to customers, and you get top class service. Because we are commercial, we are also seeking the most expedient, and efficient solution – if commercial agreement can be reached quickly – we will be looking to conclude it as quickly as possible.