Differences among partners in a company can arise from various motivations, hence the need for clear rules to avoid jeopardizing the organization’s future.

Understanding common issues that arise is important to anticipate them or, if a discrepancy has already developed, knowing how and when to address them to continue with the business.

Our managing partner, Héctor Torres, holds extensive experience advising companies of different sizes and economic activities. Throughout his work, he has witnessed how some businesses cease operations due to conflicts among their founding partners.

“It’s inevitable to have disagreements with our partners, just as we might with our partners, siblings, or spouses. In the business realm, when there’s a dispute among partners that’s irreparable, there must be clear rules establishing what will happen to the business,” recommends our expert.

Firstly, our specialist suggests the signing of a shareholder agreement or a partnership pact. “The company should survive even if the partners cannot get along. These methods of safeguarding the company can be implemented through contractual mechanisms so that it survives independently of the relationship between its shareholders,” asserts Torres.

Such contracts will define the roles of the participants and prevent critical situations. Therefore, the partnership pact aims to structure the organization, regulate relationships between partners and third parties, determine decision-making processes, and establish measures and mechanisms for conflict resolution.

Typically, a shareholder agreement includes clauses outlining the roles to be fulfilled by the partners; guidelines for determining compensations; commitments regarding permanence, confidentiality, non-competition, and non-solicitation; acceptance of new partners or exit strategies for current ones; and conflict resolution mechanisms.

In cases of unpredictable conflicts or those of greater significance, the most advisable solution is hiring a mediator or a third party. Through this, the involved parties reach an agreement without resorting to the judicial system.

The third solution pathway involves extrajudicial conflict resolution mechanisms, either through legal firms or specialized arbitration centers. Ultimately, if necessary, the partners will have to resort to courts accompanied by attorneys specialized in the matter.