PRAVNI ZAPISI • Year XV • No. 2 • pp. 500–523

MEDIATION IN SHAREHOLDER DIVORCE DISPUTES IN CLOSELY HELD COMPANIES IN SERBIA

Ljubica Tomić
Attorney at law and managing partner at TSG Lawyers, Belgrade;
Doctoral candidate, Union University Law School Belgrade
e-mail: ljubica.tomic@tsg.rs
ORCID ID: 0009-0007-2012-5870

Pravni zapisi, No. 2/2024, pp. 500-523
Original Scientific Article
DOI: 10.5937/pravzap15-54013

KEY WORDS

Family-Owned Companies, Divorce, Shareholder and Property Disputes, Mediation.

ABSTRACT

The author analyzes disputes regarding shares in closely held companies, when couples are going through divorce. The Serbian legal framework does not provide regulations specifically for the addressed matter and the court practice is inadequate. This type of dispute is accompanied by risks to the existence of companies and the families, if not resolved in a timely manner. Mediation is generally applicable, whereby each particular case requires the assessment of mediation applicability criteria, such as gender and other sources of imbalance between the spouses. Mediation shows advantages in terms of time, confidentiality, the possibility of simultaneous resolution of multiple disputes, high voluntary fulfilment rate, and the possible improvement of relations between the parties. The inclusion of mediation clauses in shareholder agreements and in marital agreements is recommended.