Oct. 17, 2013
David A. Rotman
See more on David A. RotmanGregorio, Haldeman & Rotman San Francisco Specialties: class actions, commercial matters
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"These are interesting to me," he said. "They are like puzzles and you sometimes have to work through the business side, and then the personal side."
As an example, Rotman said, "An entrepreneur starts a business, needs capital to grow it and takes in outside investors - or gets money from lenders - who wind up taking control of the company, and terminating the entrepreneur."
They get the company and the original entrepreneur sues.
In another instance, he added, A family-owned business falls upon hard times and the family fights over how it should go forward.
"These are complex disputes, because it is very difficult to sort out the rights and responsibilities of people in these kinds of situations," Rotman said. "It becomes even more difficult when people feel betrayed by members of their own family."
In these kinds of situations, he added, "Mediation is very effective, because it helps take at least some of the emotionality out of the discussions."
Also, "The legal issues are complex and provide a fertile field for argument," Rotman said, "and there are lots of possible directions a mediation can go and result in a resolution."
With business disputes, he added, "You've got alternatives based upon the needs of the business entities. Some prefer money, stock or options."
And, with an eye to the bottom line, it's also about moving on.
"If they can stop arguing about the past, they can go forward," Rotman said. "Business people make money by engaging in business deals, and in these situations, these are essentially dead deals. The more efficiently they can move forward, the sooner they can use their own talents in the business."
- Pat Broderick
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