Conflicts between partners are a reality that many companies face at some point in their development. These conflicts can arise for a variety of reasons, such as differences in business vision, financial problems, disagreements over management, profit distribution, or even personal issues. In any case, it is important to act quickly and in a legally justified manner to prevent the conflict from seriously affecting the operation of the company.
The first thing you should do in the event of a conflict between partners is to review the shareholders’ agreement or the social contract that governs the company. In many cases, this document already sets out specific procedures for resolving disputes, such as mediation or arbitration. If the contract does not specify how to resolve disputes, it is necessary to reach an agreement or seek an alternative resolution mechanism, such as mediation, to avoid escalating the situation to judicial levels.
If the situation cannot be resolved through dialogue or mediation, the next step is to seek specialized legal advice . An attorney with experience in commercial disputes can offer a clear view of the legal options available, ranging from renegotiating the terms of the agreement to more formal actions, such as dissolving the partnership or selling one of the partners’ shares. Depending on the severity of the conflict and the willingness of the parties, the solution may involve anything from an internal reorganization to a change in the company’s ownership structure.
In the event that the conflict involves the inability of one of the partners to comply with their obligations or there is behavior that seriously affects the operation of the company, legal action for the exclusion of a partner may be considered. This must be done in accordance with the provisions of the shareholders’ agreement or, if there is no provision in this regard, under the legal regulations of the country.
In addition, it is essential to keep communication open and seek equitable solutions. In many cases, disagreements can be the result of a miscommunication or misinterpretation of each party’s interests. Therefore, it is advisable to have a mediator or an impartial third party to facilitate the conversations and reach a solution acceptable to all involved.
If the conflict has already affected the company’s financial stability, one option may be to seek the company’s restructuring. This may involve selling assets, revaluing the company, or introducing new partners in order to restore the viability of the business.
Finally, in extreme situations, when conflicts are unsustainable and viable solutions are not found, it may be necessary to resort to the dissolution of the partnership. This process involves liquidating the company’s assets and distributing the profits or losses among the partners, as stipulated in the agreement or the law.
In short, conflicts between partners can be effectively resolved if the right legal measures are taken from the beginning. The key is prevention, communication and timely legal advice , so that the conflict does not irreparably affect the company and its partners.
