VC & PRIVATE EQUITY MEDIATION - For founders, investors and portfolio companies

Conflict within a startup, scaleup or portfolio company can quickly become more than a disagreement between individuals.

Different views about strategy, leadership, performance, ownership or the future of the company can affect decision-making, management teams, employees — and ultimately the value of the business.

I provide independent and confidential mediation for founders, investors, shareholders, boards and management teams in VC and private equity-backed companies.

Based in Amsterdam, I work throughout the Netherlands and internationally.

FOUNDER & CO-FOUNDER MEDIATION

Founder relationships often come under pressure as a startup grows into a scaleup.

Roles change. New investors become involved. Governance becomes more formal. Expectations about leadership, growth and the future of the company may begin to diverge.

What started as a relatively small disagreement can develop into a conflict about:

  • strategy and future direction;

  • roles and responsibilities;

  • leadership and performance;

  • equity and shareholdings;

  • financing and new investors;

  • decision-making and control;

  • intellectual property;

  • the role of the board;

  • a founder or co-founder leaving the company.

Founder mediation provides a confidential setting in which these issues can be addressed before positions become unnecessarily entrenched.

The objective is not always to keep the founders together. Sometimes the best outcome is a new working arrangement. In other situations, mediation can help the parties negotiate a workable founder exit or separation.

VENTURE CAPITAL & FOUNDER–INVESTOR CONFLICT

Venture capital investment changes the dynamics of a company.

Founders who previously had considerable autonomy may find themselves working with investors and board members who have their own responsibilities and expectations.

Investors, in turn, may become concerned about performance, leadership, strategy, governance or the relationship between founders.

When trust starts to deteriorate, a founder–investor conflict can become particularly difficult to resolve. Both sides remain closely connected through their investment, shareholding and responsibilities towards the company.

Independent mediation can help founders, venture capital investors and board members address the underlying issues and determine what needs to happen next.

PRIVATE EQUITY & MANAGEMENT CONFLICT

Private equity-backed companies can face a different set of pressures.

Management, boards and shareholders may have different perspectives on performance, transformation, governance, leadership, strategy or the timing and direction of an exit.

A deteriorating relationship between a CEO or management team and a private equity shareholder can have consequences well beyond the individuals involved.

Mediation provides an independent setting in which difficult issues can be discussed confidentially while keeping the commercial interests of the company firmly in view.

FOR VC & PRIVATE EQUITY INVESTORS

Conflict within a portfolio company can consume management attention, delay important decisions and ultimately affect value.

For investors, however, intervening directly can sometimes make the situation more complicated.

I can provide an independent external resource for VC and private equity firms when a portfolio company becomes stuck in conflict.

This may involve:

  • mediation between founders;

  • founder–investor mediation;

  • management–shareholder conflicts;

  • CEO or executive disputes;

  • boardroom conflict;

  • shareholder disputes;

  • difficult conversations around leadership changes or exits.

Not every situation requires a formal mediation process. An independent facilitated conversation at an earlier stage can sometimes prevent a disagreement from becoming a full dispute.

VC and private equity firms can therefore involve me directly when a founder, management team or portfolio company would benefit from confidential and independent conflict resolution.

STARTUPS, SCALEUPS & TECHNOLOGY COMPANIES

I have a particular affinity with conflicts in startups, scaleups and technology companies.

Before becoming a mediator and executive coach, I worked for many years as a corporate/commercial lawyer and legal counsel in international business and technology environments. I have also been involved in building a startup myself.

My legal background can be particularly useful where a conflict has a commercial or legal dimension involving matters such as:

  • shareholder arrangements;

  • software and technology agreements;

  • intellectual property;

  • R&D;

  • financing;

  • governance;

  • commercial contracts;

  • liabilities and warranties.

As mediator, I do not provide legal advice or determine who is right.

I do, however, understand the legal and commercial context in which these conflicts take place. This allows the mediation to focus on the issues that really need to be resolved without turning the process itself into a legal procedure.

EARLY CONFLICT RESOLUTION

The best moment to involve an independent third party is not necessarily when the conflict has already escalated.

Early conflict resolution can be particularly useful around significant moments in the life of a startup, scaleup or portfolio company, including:

  • a new financing round;

  • rapid growth;

  • changes in founder or management roles;

  • professionalisation of the board or governance;

  • disagreements about performance;

  • acquisition or integration;

  • preparations for a sale;

  • a founder, CEO or executive exit.

At this stage, a small number of facilitated conversations may be enough to restore productive decision-making or clarify how the parties want to proceed.

EXPERIENCE ACROSS BUSINESS, LAW & LEADERSHIP

I am an MfN-registered mediator, former corporate lawyer and executive coach.

My background combines legal and commercial experience with many years of working with entrepreneurs, executives and senior professionals.

Business conflicts rarely concern legal positions alone. Personal relationships, trust, communication, leadership and different expectations about the future usually play an equally important role.

Understanding both sides of that equation is central to how I work.

MEDIATION IN AMSTERDAM & INTERNATIONAL

I am based in Amsterdam and work with Dutch and international founders, executives, investors, shareholders and businesses.

Mediation can take place face-to-face in Amsterdam or elsewhere in the Netherlands.

For international founders, investors, boards and management teams, mediation and facilitated conversations can also take place online and in English.

A CONFIDENTIAL FIRST CONVERSATION

You may not yet know whether mediation is the right next step.

If you are dealing with a conflict between founders, investors, shareholders, executives or board members, you are welcome to contact me first to discuss the situation confidentially and without obligation.

We can consider what is happening, who would need to be involved and whether mediation or another form of facilitated conversation could be useful.

Robert de Wilde
MfN-registered mediator | Former corporate lawyer | Executive coach

Discuss your situation confidentially →