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Fiduciary Litigation: Partner Disputes in Texas

A business partnership is usually formed when two people decide to join together and combine their talents and finances. Not all partnerships run as well as anticipated, and partnership disputes in Texas can occur.

In the beginning, a partnership usually focuses on developing a successful business procedure, building a client base and servicing customers. There is a good chance that in time the business partnership will grow and become successful. There is also a chance the original partners may look at the future of the business, or the decisions concerning it, in completely different ways.

Common Disputes

Texas partnership disputes may involve such issues as buyout and retirement provisions. Amounts and types of compensation, as well as provisions for selling the partnerships that would result in splitting it up, or selling it in its entirety are also common sources of contention.

Partnership Agreement

It is always best for everyone involved if Texas partnership disputes are avoided. One of the best ways to make certain partnership disputes don’t happen is to have a detailed and comprehensive partnership agreement in place prior to the creation of the business. These agreements should be created by an experienced attorney.

Whenever partnership disputes in Texas do happen, it’s best to try and resolve them as soon as possible. The sooner the issues are resolved, the better for the business.

Dispute Resolution Options

When the issues cannot be resolved using face-to-face meetings, arbitration may be an acceptable route. This is a way to address the issues without the use of the court system. With this method, partners will provide information to a neutral third party who will review the issues and provide a solution. It is usually agreed their decisions are binding.

Mediation is also an option. A mediator will take all information and try and work out a solution to the issues with all the partners involved.

If arbitration and/or mediation fail to produce results, the last step is litigation. At this point the judicial system will be used to determine a clear winner and loser in regards to the issues. There is a predetermined procedure to follow, and the decisions are final.