Disputes over governance and control within Not-for-Profit organisations can happen. We can help you take good steps to resolve the dispute effectively, and avoid actions that will harm the prospects of obtaining a successful end-outcome.
In our experience, here are some examples of things that can help to resolve a dispute effectively:
Be clear on all your objectives, both legal and non-legal. If you do not have a clear idea about all of your objectives, you are at risk of pursuing a strategy that achieves only some (or none) of what you want.
Sometimes disputes can become technical arguments about procedures in the Constitution and whether they are being followed, but there is usually a more substantive issue that gave rise to the conflict in the first instance. Take steps to gain a good understanding of what is motivating the other people involved in the conflict; you might be surprised.
Disputes can severely damage a Not-for-profit organisation and have a significant adverse personal impact on the people involved.
In our experience, many clients think there is no hope for the dispute to be resolved in mediation, but after discussing their objectives and workshopping creative strategies to achieve those, mediation emerges as a promising option.
Elizabeth Shalders, Senior Associate, Head of Not-for-Profit