IBA Annual Conference Copenhagen 2026

4 Oct - 9 Oct 2026

Session information

Low risk, high impact: mediation for private company disputes

Thursday 8 October (1430 - 1545)

Committee(s)

Closely Held Companies Committee (Lead)
Mediation Committee

Description

Mediation offers small and closely held businesses a practical, low-risk, time- and cost-effective way to resolve disputes that can otherwise cripple an enterprise. Whether the conflict involves shareholder deadlock, succession issues, employment claims or commercial-contract disputes where even modest dollar amounts feel high-stakes, mediation provides a flexible forum that litigation and arbitration often cannot. This session explores why mediation frequently succeeds and, in particular, the importance of selecting a mediator whose style, expertise and credibility can materially shape outcomes. Panelists will also tackle the real-world challenges counsel face: information asymmetry, family dynamics, imbalanced bargaining power and founders who resist change. Attendees will gain practical guidance on drafting stronger mediation clauses, preparing their clients for the process, choosing the right mediator and leveraging mediation to secure value-preserving resolutions – competence clients notice, appreciate and will return for.