Hon. Mitchell L. Hoffman, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article in the Chicago Daily Law Bulletin. His article, Mediating Business Dissolutions Has Advantages Over Litigation, argues that litigating these disputes often inflicts crippling costs and inefficiencies on businesses. And the net result: Neither side will realize their litigation or business goals. Mediation, however, offers a better path forward.
“Mediating business dissolutions will save the parties substantial time and money, give them control of the outcome of the process, and keep it confidential,” wrote Judge Hoffman., “A successful mediation can put the partners on track to resolve their disputes while also maintaining the value of the business.”
Judge Hoffman has established himself at ADR Systems as a capable mediator of business dissolution disputes, which are likened to “divorces” because deeply held personal feelings – resentments, emotional wounds, feelings of betrayal, lost friendships – often complicate and add to negotiations over the disputes’ business and legal issues. As featured in prior Commercial Settlement Reports, Judge Hoffman resolved a dispute involving claims that a defendant breached fiduciary duty and usurped corporate opportunities from a jointly owned business, as well as a dispute involving claims that a defendant breached a partnership agreement and their fiduciary duty.
This is Judge Hoffman’s second published article since joining ADR Systems. In 2023, the Chicago Daily Law Bulletin published his first article, Confidential Evaluations Aim to Help Judges Improve, which explores his experience as a judicial performance evaluation facilitator and the important contribution attorneys make to the review process. The article was subsequently republished in various bar association publications.
Read and download Judge Hoffman’s latest article about mediating business dissolution disputes at adrsystems.com.
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Hon. Mitchell L. Hoffman, (Ret.) has cultivated over 38 years of experience as a legal practitioner, having spent 21 of those years as a judge and 17 as an attorney. On the bench, he handled both Chancery and Law Division calls, settling many commercial and personal injury cases. Judge Hoffman is known for his detailed case preparation and analysis. He is fair and even-tempered and provides a calming influence during mediations.
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