Business Formation
Successful Business Formation Supported by Mediators
The long-term success of a company begins with careful planning during the formation phase. The differing interests of founding shareholders and investors must be aligned and captured in resilient contracts. It is advisable to include a mediation clause in the formation agreements. This allows any future disputes between shareholders to be resolved constructively and in the best interest of the company.
Our Support for Your Business Formation
The mediators at CenaCom are experienced specialists in neutrally guiding and supporting negotiations during the business formation process. Together with the founders, we structure the formation steps and ensure that communication between the parties remains fair and goal oriented. Apparent irreconcilable differences during contract negotiations are identified and resolved constructively in the interest of all parties. Conflicts are understood as drivers of innovation.
Preparation
We create clarity regarding objectives, topics, roles, and procedures. See also the checklist for dispute resolution clauses.
Negotiation Moderation
Contracts
We integrate the mediation clause into the agreements, secure the results, and support the implementation.
Sample Clauses
Note: The following mediation clauses (also referred to as conciliation clauses, depending on wording) do not replace legal advice for individual cases. Please review any clause before use to ensure that it is adapted to your specific contractual situation. On the subpage “Case Law,” you will find selected court decisions on the validity and scope of out-of-court dispute resolution clauses. Our experts are available to advise you.
Non-binding mediation clause
“The parties may initiate a mediation procedure under the procedural rules of CenaCom GmbH for any dispute arising out of or in connection with this agreement, in order to settle the conflict amicably. There is no obligation to do so. The parties may pursue legal action at any time. The mediation procedure is subject to the provisions of the procedural rules of CenaCom GmbH in the version valid at the time the procedure is initiated.”
Binding mediation clause
“In the event of any dispute arising out of or in connection with this agreement, the parties are required to conduct a mediation procedure according to the rules of CenaCom GmbH before initiating legal or arbitral proceedings. If the parties are unable to reach a full or partial settlement during mediation, they may pursue legal remedies. The right to initiate interim legal protection measures at any time remains unaffected. The mediation procedure is subject to the provisions of the procedural rules of CenaCom GmbH in the version valid at the time the procedure is initiated.”
Your goal:
The fastest possible operational start of your business.
We are here to support you.
