DISPUTE RESOLUTION IN FAMILY BUSINESS THROUGH MEDIATION

Authors

  • Mihaela Braut Filipović University of Rijeka, Faculty of Law
  • Edita Čulinović-Herc University of Rijeka, Faculty of Law
  • Srđan Šimac High Commercial Court of the Republic of Croatia

DOI:

https://doi.org/10.30925/zpfsr.45.1.8

Keywords:

family business, conflict in family business, mediation, transfer of business

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. 

Additional Files

Published

2024-04-15

How to Cite

Braut Filipović, M., Čulinović-Herc, E., & Šimac, S. (2024). DISPUTE RESOLUTION IN FAMILY BUSINESS THROUGH MEDIATION. Collected Papers of the Law Faculty of the University of Rijeka, 45(1), 153–177. https://doi.org/10.30925/zpfsr.45.1.8