Business disputes between people who started out as friends, relatives or trusted partners are often the hardest to resolve. They involve money and control, but also loyalty, reputation and face. In Chinese and Asian business communities, where relationships carry across many deals, an open court fight can damage far more than one business.
Disputes I mediate
- Shareholder and partner disputes: deadlock, exclusion from management, withdrawal of a partner and valuation of interests. See company secretaries and deceased shareholder disputes.
- Family company and family business disputes: succession, roles of family members and the balance between family and non-family managers. See mediating within family groups and family businesses.
- Commercial leases: rent, outgoings and end-of-lease disputes. Retail lease disputes in Victoria generally go to the Victorian Small Business Commission for mediation before VCAT.
- Building and construction disputes: defects, delays and payments. Domestic building disputes in Victoria generally begin with Domestic Building Dispute Resolution Victoria.
- Contract and debt disputes, including those with parties overseas.
Why mediation suits business disputes
- Speed. A business cannot wait years for a judgment.
- Commercial solutions. A buy-out over time, a new management structure or a continuing supply arrangement can be agreed, though a court could not order them.
- Privacy. Customers, staff, banks and the community need not know.
- Relationships. Business communities are small, and many disputing parties will deal with each other again.
Preparation matters
Commercial mediations succeed when each party understands the financial position: accounts, valuations, cash flow and the realistic cost of litigation. My accounting training helps me work through financial statements and valuation evidence with the parties, and test settlement options against the numbers.
How we assist
I mediate commercial disputes in English and Mandarin, in person or online, and sit on court and tribunal mediation panels. Our firm also acts for parties in commercial matters, but never for a party in a matter I mediate. See also how I mediate.
Frequently asked questions
Can a shareholder dispute be mediated before court proceedings?
Yes. Mediation can take place at any stage, and is often most effective before positions harden in litigation.
What can a mediated business settlement include?
Agreements can include staged buy-outs, independent valuations, new management or board arrangements, ongoing supply or employment terms, and confidentiality, which a court could not usually order.
Is mediation required for retail lease disputes in Victoria?
Retail lease disputes in Victoria generally must go through mediation at the Victorian Small Business Commission before they can proceed to VCAT.
Do you understand financial statements and valuations?
Yes. Justin is accounting-trained and can work through accounts, valuations and cash flow with the parties to test whether proposals are realistic.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice. Victorian law unless stated otherwise.
Tell us about the estate
A short message is enough. We reply in English, Mandarin or Cantonese, and quote fees in writing before any work starts.
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