PRACTICE • COMMERCIAL CONTRACT
Commercial disputes,
resolved discreetly.
Vendor, partnership, M&A holdback and shareholder matters — most resolved in a single day-long session, before the dispute reaches the docket or the press.
4.6 wks
AVG. RESOLUTION92%
SETTLEMENT RATEFixed
DAY-RATE
FOR
Vendor, partnership, shareholder, M&A
Matters between $250K and $50M, pre- or post-filing.
FORMAT
Virtual or in-chambers
Multi-party rooms convened with counsel present.
SETTLEMENT
92% · 4.6 wks
Most commercial matters close within a single session.
01 · What business mediation covers
Commercial conflict, off the public record.
Most commercial matters resolve in a single day-long session if the parties arrive prepared. Pre-mediation calls structure the room; in-room drafting closes the gap between agreement and signature.
01
Partnership &
shareholder disputes
Deadlock, buy-sell triggers, fiduciary claims and the founder
fallouts that threaten the enterprise itself. We protect the
business while the owners sort the cap table.
02
Vendor & contract disputes
Performance, payment, scope and termination claims along the supply chain — resolved so commercial relationships survive the disagreement.
03
M&A holdback & earn-out
Post-closing purchase-price adjustments, earn-out measurement and indemnity claims, where the deal lawyers have left and the operators are at odds.
04
Employment & executive exits
Separation, restrictive-covenant and equity disputes with senior people, handled discreetly and out of the public record.
05
Multi-party commercial matters
Three or more parties, layered contracts and cross-claims — structured convening that finds the settlement the pleadings can’t.
02 · How it works
One method, usually a single day.
Careful intake, a structured session, a term sheet drafted in-room, and follow-through to a signed agreement.
Confidential intake
A free 30-minute call with each party, separately. We map interests, posture, and what an acceptable outcome would look like for each side. Nothing said is shared with the other party.
I
II
Engagement & preparation
An engagement letter sets the fee and confidentiality. Each party submits a short, non-privileged summary. We agree the format — virtual or in-chambers — and which professionals attend.
Convened sessions
Joint and caucus rounds, paced for substance over speed. Most commercial matters need a single day-long session; complex multi-party disputes occasionally a second.
III
IV
Term sheet, signed in-room
Once the parties reach agreement, a term sheet is drafted and signed before anyone leaves the room. The session does not close on a handshake.
Memorialization & follow-through
A post-session memo arrives within seven days. The long-form agreement is drafted by counsel; we remain available to clarify or arbitrate ambiguities that arise.
V
03 · Is mediation right for you?
A short, honest fit.
We’ll tell you on the intake if mediation isn’t the right instrument. Below is the working test.
- The dispute is really about terms, and the numbers are knowable
- Speed, privacy and a preserved relationship matter to the business
- Litigation cost or distraction is starting to exceed the amount at stake
- Decision-makers with authority can be in the room
- Counsel is engaged but the parties want to keep control of the outcome
- A party is negotiating in bad faith or using the process to delay
- A binding precedent or injunction is the actual objective
- Fraud is alleged and discovery has not yet occurred
- No one in the room has authority to settle
- The matter genuinely needs a public adjudication
04 · What clients say
Quiet outcomes, in their own words.
Comments collected with permission. Names and figures altered to preserve confidentiality.
April 2024
He was gracious with his time, a great listener, facilitator, and host, and was very appreciative and respectful of other speakers and students.
November 2025
Amazing content and presentation style. He hit the logical and emotional aspects of negotiations and mediation. Gave some wonderful takeaways and skills to apply practically to everyday life.
05 · Frequently asked
What principals usually want to know.
The questions below come up on most intake calls. If yours isn’t here, the call is the right place to raise it — there is no charge.
Yes — and it is often the most economical moment. Pre-litigation mediation avoids the cost, disclosure and distraction of a filing. We also take matters already in litigation, frequently at the court’s suggestion.
Yes. Sessions are convened under FRE 408 and the applicable state mediation privilege. Nothing said is admissible, and there is no public filing.
Typically, yes. Commercial mediation works best with counsel present to advise in real time and to paper the deal. The structure is agreed on the preparation call.
Most engagements involve amounts between $250K and $50M. Larger or multi-party matters are quoted as multi-day engagements.
Most commercial matters resolve within about four to six weeks, in a single day-long session. The initial 30-minute intake call is free.
Related practice areas
Other tracks.
Each practice runs on the same method. The pages below lay out the adjacent tracks.
01 · family-mediation
Family & Estate
Divorce, custody, separation and inheritance — resolved without the courtroom.
Read more ↗
03 ·employment
Employment & Workplace
Wrongful termination, PAGA claims, executive exits and workplace conflict — handled discreetly and off the public record.
Read more ↗
02 · cross-cultural-mediation
Cross-Cultural & Cross-Border
Multilingual matters where culture, language and jurisdiction layer on top of the dispute.
Read more ↗
04 · public-policy-mediation
Public Policy, Education & Policing
Multi-stakeholder facilitation for community, agency, school and law enforcement matters.
Read more ↗—— BEGIN
A first conversation,
held in confidence.
Thirty minutes, by phone or video, at no charge. We'll tell you on the call whether this is the right instrument for your matter.
Attorney
San Diego