Review article
https://doi.org/10.30925/zpfsr.45.1.8
Dispute Resolution in Family Businesses through Mediation
Mihaela Braut Filipović
; University of Rijeka, Faculty of Law
Edita Čulinović-Herc
; University of Rijeka, Faculty of Law
Srđan Šimac
orcid.org/0009-0004-2350-2836
; High Commercial Court of the Republic of Croatia
Abstract
The influence and importance of family businesses are unquestionable for the world economy, as well as for the European Union and the Republic of Croatia. The biggest challenge of these companies is the potential conflict among family members, that is, between members of the company, and the issue of successfully transferring business operations to the next generation. This paper will discuss whether mediation can help preserve harmonious relations between members and thus maintain the successful company’s operations. The authors shall discuss and analyze the theoretical and practical framework for using mediation to resolve conflicts among family members involved in the company’s business and the possibility of its application in developing a family business strategy. The leading comparative model is German legislation and practice. The authors shall analyze the specifics of mediation clause contents to recommend for use in Croatian family companies, as well as the legal acts in which they could incorporate these clauses.
Keywords
family business; conflict in family business; mediation; transfer of business
Hrčak ID:
316023
URI
Publication date:
15.4.2024.
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