26We were hired to act in a delicate corporate conflict involving an innovative construction company. The company’s partners began to have differences of opinion about the management of the business, which led to an unsustainable situation. One point that made the situation even more challenging was the alliance between some of the partners.

Before hiring Chenut, the partners tried to resolve their differences through mediation, without success. The conflict was so serious that a court solution seemed inevitable. After presenting our clients with the existing options for resolving the issue, the partners decided to partially dissolve the company, with part of the partners withdrawing from the company.

The company’s assets, both tangible and intangible, needed to be divided fairly and equitably. This included an extensive portfolio of clients who trusted the company and were attached to its brand and the professionals who served them directly, employees who had split up, some of whom wanted to work with one part of the partners out of affinity, and others who wanted to work with the other part of the partners, works of art, social networks, project portfolios, cash, long-term investments, among others.

In addition to the company’s assets, it also had obligations to public bodies, lawsuits and provisioned expenses, which made the division of assets and liabilities and the determination of the value of the partners’ shares even more complex.

The case required, in addition to legal knowledge, an understanding of the business and the clients’ concerns.

The wear and tear between the partners made direct negotiations impossible, so indirect negotiations were carried out through the lawyers on both sides. We took part in extensive negotiations, which lasted over a year, mediating the talks between the partners, who were strongly divided.

In order to help the parties reach a shared solution, it was necessary to use negotiation techniques with the aim of achieving a division of the company’s assets and liabilities that would be satisfactory for partners, employees, customers and business partners.

After defining all aspects of the division of the company, the partners signed agreements outlining the format in which the company would continue to operate, the division of the company’s tangible and intangible assets, the allocation of responsibilities and rules for future coexistence, seeking to avoid the occurrence of new conflicts.

This included the signing of agreements regarding competition, the distribution of accrued income, rules on the use of project portfolios and the distribution of the client portfolio, and it was necessary to obtain the prior consent of the company’s clients for the assignment of the contracts signed, explaining to them their rights in light of the changes that would be made to the company’s corporate structure.