RAETZER / READINESS

NEGOTIATED BUSINESS RESOLUTION ASSESSMENT

Evaluate the dispute posture, documentation, economic issues, settlement framework, and urgency involved in a proposed business resolution.

~5 MINUTES · 19 QUESTIONS · INSTANT RESULTS

Before the next conversation

A focused screen for a consequentialbusiness decision.

A negotiated business resolution should be evaluated against the dispute posture, available documentation, economic exposure, settlement framework, and authority to act. This assessment helps identify six practical issues before you speak with an attorney:

→ Dispute posture and deadlines

Identify the claim, demand, response posture, threatened proceeding, deadline, and business objective.

→ Documents and communications

Organize the contracts, amendments, notices, correspondence, performance records, and other documents that frame the dispute.

→ Economic exposure and payment

Surface disputed amounts, payment obligations, damages themes, payment-plan needs, and enforcement considerations.

→ Resolution framework

Consider termination, release, confidentiality, covenant-not-to-sue, transition, continuing performance, and other settlement terms.

→ Authority and counterparties

Clarify who has authority to negotiate and approve a resolution and whether additional parties or advisers are involved.

→ Urgency and execution

Assess timing, operational disruption, information needs, negotiation sequence, and the next step before a dispute escalates.

01

DISPUTE POSTURE

02

DOCUMENTS & ECONOMICS

03

RESOLUTION FRAMEWORK

04

URGENCY & AUTHORITY

Urgent route: If a lawsuit, arbitration demand, injunction request, owner-removal deadline, document-signing deadline, or other immediate dispute already exists, request Priority Review instead of relying on the standard assessment.

Next step

NOT SURE WHICH PACKAGE FITS?

Complete the applicable RAETZER readiness assessment. Your responses will help identify the likely scope, urgency, complexity, decision authority, and appropriate next step before you speak with an attorney.

Important Scope Notes

The prices shown are indicative fixed fees or starting prices for qualifying matters. Final eligibility, scope, staffing, and fee are confirmed only after the applicable readiness assessment, conflicts review, jurisdictional review, attorney consultation, and execution of a written engagement agreement.

Each fixed fee is based on the parties, entities, documents, transaction structure, revision rounds, closing assumptions, and other limitations stated in the engagement agreement. A material change in the matter may require a supplemental fixed fee or an approved hourly scope.

Additional parties, entities, targets, bidders, investors, security classes, or closings

Material changes to economics or structure

Extraordinary diligence or negotiation

Repeated re-trading of agreed terms

Substantial corporate cleanup or missing records

Compressed or expedited deadlines

Specialty tax, regulatory, employment, benefits, real-estate, environmental, antitrust, litigation, or foreign-law issues

Restarting a transaction after termination or material delay

Government filing fees, state notice fees, foreign or local counsel, accountants, tax advisers, investment bankers, business brokers, lenders, appraisers, valuation providers, data-room providers, expert consultants, translators, and other third-party costs are not included unless expressly stated.

Legal fees are earned according to the milestones stated in the engagement agreement and are not contingent upon raising capital, obtaining financing, signing a transaction, or completing a closing.

RAETZER does not guarantee capital, financing, investors, acquisition targets, buyers, sellers, valuation, transaction approval, or closing.

RAETZER does not act as a broker-dealer, placement agent, investment banker, business broker, lender, accountant, tax adviser, valuation provider, or foreign-law adviser unless a separate written agreement expressly states otherwise.

SCOPE AND FEE PROTECTIONS

Non-contractual note: Formal engagement letters govern and summarize these principles: one transaction/project; defined entities/parties/documents; ordinary negotiation only with material restructuring supplemental; defined revision rounds; exclusions for litigation/tax/accounting/valuation/regulatory/real-estate/environmental/benefits/foreign law unless included; third-party/government fees separate; delay/term changes permit supplemental fee; additional closings/investors/targets/bidders/entities/documents separately priced; fees earned by milestones and not contingent; additional work only after written approval of supplemental fixed fee/hourly scope. Formal engagement letters govern.

Pricing and package descriptions are provided for general informational purposes and do not constitute an offer to provide legal services. No attorney-client relationship is created through the website or an assessment submission. Representation begins only after conflicts review and execution of a written engagement agreement.

Before you begin

A screening tool, not a legal opinion.

This assessment is provided solely for educational, informational and screening purposes. It is not legal advice, does not determine legal compliance or establish that a transaction or corporate initiative is “ready” under applicable law, and does not create an attorney-client relationship. Do not submit confidential or privileged information. Representation begins only after conflicts review and execution of a written engagement agreement.

A considered first step

START WITH THE RIGHT ASSESSMENT

Before legal work begins, identify the transaction, urgency, complexity, decision authority, and principal readiness issues.

CAPITAL RAISE ASSESSMENT

BUY-SIDE ASSESSMENT

SALE READINESS ASSESSMENT

JV READINESS ASSESSMENT CORPORATE

CORPORATE INFRASTRUCTURE ASSESSMENT

BUSINESS SEPARATION ASSESSMENT

NEGOTIATED BUSINESS RESOLUTION ASSESSMENT

The next decision

Start with the issues that deserve attention.

This assessment takes about five minutes. Answer honestly — there are no wrong answers, and nothing here is reviewed in real time. When you're done, you'll get a readiness score across four areas: business foundation, offering architecture, investor strategy, and execution readiness, along with a recommended next step.

19 questions · ~5 minutes · instant results

This assessment is for general educational and screening purposes only. It does not determine whether an offering complies with federal or state securities laws, whether an exemption is available, or whether you are legally qualified to invest. Please don't include any confidential information in your answers.

Whom do you expect RAETZER to represent in the proposed business resolution? *

The joint-venture agreement or operating agreement has already been signed

The venture has already received capital, property, intellectual property, contracts, customers, or other contributed assets

The parties have already begun operating, earning revenue, incurring expenses, or acting publicly as a joint venture

A term sheet, memorandum of understanding, letter of intent, or preliminary agreement has been signed

A term sheet or principal business terms are being negotiated

The parties have agreed in principle to pursue the venture but have not documented the material terms

A potential partner has been identified and preliminary discussions are underway

We are looking for a joint-venture partner, investor, or strategic relationship

We are generally evaluating whether a joint venture makes sense

What is the approximate amount in dispute or the reasonably anticipated economic exposure? *

Under $50,000

$50,000–$249,999

$250,000–$999,999

$1 million–$4.99 million

$5 million–$9.99 million

$10 million–$25 million

More than $25 million

The matter is primarily strategic or nonmonetary (examples may include contract termination, IP control, customer restrictions, data return, continued supply, license rights, or transition obligations)

Not yet determined

What outcome is presently preferred? *

A lump-sum payment and release

An installment payment plan or commercial workout

Termination or unwind of the business relationship

Amendment or continuation of the commercial relationship

Return, transfer, license, restriction, or protection of intellectual property, data, customers, assets, or confidential information

Standstill, forbearance, extension, restructuring, or temporary business accommodation

A comprehensive exchange involving payment, transition, releases, and continuing obligations

The preferred outcome has not been determined

How clearly has the prospective client defined what a successful business resolution should accomplish? *

The client has identified the preferred outcome, acceptable alternatives, non-negotiable terms, economic limits, business priorities, and consequences of no agreement

The principal objective and acceptable economic range are clear, but some secondary terms remain open

The client generally wants to settle but has not established a complete negotiation framework or acceptable alternatives

The client’s principal objective is to punish the other party, obtain an admission, or continue the dispute without a defined commercial result

No meaningful resolution objective has been developed

How would you describe the parties’ current ability to negotiate? *

The parties communicate constructively and agree that a negotiated resolution is preferable

The parties disagree materially but remain willing to exchange proposals and negotiate

Communications are strained, but counsel-led negotiation or mediation remains realistic

One party is presently unwilling to negotiate or has made a take-it-or-leave-it demand

Emergency conduct, active asset movement, evidence risk, or immediate business disruption makes ordinary negotiation impractical

How clearly is the payment dispute documented and defined? *

Signed agreements, invoices, performance records, acceptance evidence, payment history, credits, offsets, communications, and the exact amount in dispute are organized and substantially reconciled

The principal payment obligation and amount are well documented, but limited factual or accounting issues remain

The amount is generally known, but supporting records, credits, offsets, or performance issues remain incomplete

The amount or underlying obligation is materially disputed or poorly documented

No reliable payment analysis has been prepared

How clearly are the disputed obligations, performance history, and desired contract outcome documented? *

The governing agreements, amendments, performance obligations, communications, disputed conduct, resulting impact, and desired termination, modification, or continuation terms are organized

The principal contract issues and desired outcome are clear, but limited factual or document gaps remain

The general dispute is understood, but the specific contractual obligations, performance record, or proposed resolution remains incomplete

The relationship is largely informal, oral, or documented through inconsistent communications

The client cannot presently identify the controlling agreement or material obligations

How clearly are ownership, licensing, access, use, development, confidentiality, and data rights documented? *

The controlling agreements, assignments, licenses, access rights, technical records, confidentiality obligations, disputed use, and desired outcome are organized

The principal ownership or license rights are documented, but limited factual or technical issues remain

Material rights are generally understood, but assignments, development history, access records, or usage terms are incomplete

Ownership, access, licensing, or control is materially unclear or disputed

The client cannot presently identify or document the relevant rights

How clearly are the debt, guaranty, collateral, default, payment history, and workout objectives documented? *

The loan, note, guaranty, security, payment, default, collateral, notice, and payoff records are organized and the proposed restructuring is substantially defined

The principal obligations and default status are clear, but limited payoff, collateral, or restructuring terms remain open

The debt and general default are understood, but material documentation, balances, collateral, or workout terms remain incomplete

The amount, priority, validity, guaranty exposure, or collateral rights are materially disputed

The relevant loan or guaranty documents cannot presently be identified

How clearly are the property, lease, construction, payment, performance, lien, and project issues documented? *

The controlling agreements, change orders, payment records, project status, notices, liens, property records, and desired resolution are organized

The principal issues and documents are available, but limited project, payment, title, or performance questions remain

The general dispute is known, but material contract, payment, property, lien, or project information remains incomplete

Material property, lien, title, possession, construction, or payment rights are disputed or unclear

The relevant documents or project records are not available

How clearly are the relevant facts, agreements, communications, economic impact, and requested outcome documented? *

Option The principal facts, documents, chronology, economic issues, and desired outcome are organized and substantially complete

The principal issues are documented, with limited factual or document gaps

The general problem is understood, but the chronology, documents, economics, or desired resolution remains incomplete

Material facts or documents are unavailable, disputed, or unclear

No organized factual or documentary record exists

How complete and organized are the agreements, amendments, communications, invoices, payment records, performance materials, and other evidence relevant to the dispute? *

The material record is indexed, chronologically organized, and substantially complete

Most material documents and communications are organized and available

Some key materials are available, but substantial collection, chronology, or reconciliation remains

Material records are controlled by another party, missing, or difficult to access

No reliable document or evidence package currently exists

How completely has the prospective client quantified the payment, damages, credits, offsets, future obligations, and business cost of the dispute? *

A documented economic analysis identifies the amount claimed, supporting calculations, credits, offsets, counterclaims, settlement range, and cost of continued dispute

The principal amount and settlement range are reasonably developed, but limited accounting or business assumptions remain

The general amount is known, but the calculation, credits, offsets, or future impact remains incomplete

The amount is based primarily on an estimate or negotiating position rather than supporting analysis

No meaningful economic analysis has been prepared

How completely has the prospective client evaluated the principal claims, defenses, counterclaims, contractual remedies, and alternatives if no settlement is reached? *

Counsel has evaluated the principal positions, available remedies, material risks, counterclaims, evidence, procedural alternatives, and likely business consequences

The client understands the principal strengths, weaknesses, and counterparty positions, but formal legal analysis remains incomplete

The client has identified its principal position but has not fully assessed defenses, counterclaims, remedies, or the consequences of no agreement

The client assumes the opposing party has no meaningful defense or counterclaim without completing an objective review

No meaningful claims-and-risks analysis has been performed

How complete are the proposed material terms of the resolution? *

All or nearly all material business terms are agreed or reflected in a detailed written term sheet

Most principal terms are developed, with a limited number of material issues remaining

The parties have exchanged general proposals, but several material terms remain unresolved

Only a headline amount or general desire to settle has been discussed

No meaningful settlement framework has been developed

How completely have the parties addressed payment timing, funding, security, default, and enforcement? *

The amount, payment schedule, funding source, conditions, security, guarantees, default remedies, offsets, acceleration, and enforcement process are substantially defined

The principal payment terms are defined, but limited security, default, or enforcement provisions remain

The amount is generally understood, but payment timing, funding, collateral, or default consequences remain materially open

The paying party’s ability or willingness to perform is uncertain

No credible payment or enforcement structure exists

How completely have the parties addressed performance obligations, milestones, verification, remedies, and enforcement? *

The required performance, deliverables, timing, acceptance standards, transition obligations, verification procedures, default remedies, and dispute process are substantially defined

The principal performance obligations are defined, but limited verification, remedy, or enforcement terms remain

The desired operational outcome is understood, but material performance standards or default consequences remain open

The resolution depends on future cooperation without objective standards or enforcement terms

No credible performance or enforcement framework exists

How completely have the parties addressed contract transition, outstanding work, customer or vendor communications, data transfer, account access, and continuing performance? *

A detailed transition plan identifies responsibilities, deliverables, timing, access, communications, acceptance standards, and completion procedures

The principal transition or continuing obligations are understood, with limited details remaining

The parties expect ongoing cooperation or transition, but material responsibilities and deadlines remain unresolved

The parties materially disagree about continuing performance, return of property, access, deliverables, or transition

No material transition or continuing performance is required

How completely have the parties addressed releases and post-settlement protections? *

The scope of releases, unknown claims, affiliates, confidentiality, non-disparagement, no-admission language, covenants not to sue, indemnification, and dispute-resolution terms are substantially defined

The principal release and confidentiality terms are understood, with limited details remaining

Material release, confidentiality, non-disparagement, restrictive-covenant, or enforcement terms remain unresolved

The parties materially disagree about future claims, public statements, competition, solicitation, confidentiality, or admissions

How completely have the parties identified third-party consents, tax consequences, insurance coverage, liens, regulatory requirements, and other external conditions affecting settlement? *

All material approvals, releases, tax issues, insurance rights, liens, lender requirements, and third-party conditions are identified and addressed

The principal external issues are understood, with limited confirmation or coordination remaining

One or more material third-party, tax, insurance, lien, or regulatory issues may exist but remain unresolved

No meaningful review of external conditions has been performed

How complete are the relevant records and professional resources needed to negotiate and document the resolution? *

The material documents, chronology, economic analysis, decision-makers, and appropriate legal, accounting, tax, insurance, or other advisers are organized and available

Most materials and advisers are available, with limited organization or coordination remaining

Some materials exist, but substantial document organization, economic analysis, or professional input remains necessary

Material records are missing, inaccessible, or controlled by another party, and no coordinated adviser team exists

How clearly is the current resolution timetable organized? *

A written timetable identifies proposal, negotiation, mediation, approval, documentation, payment, performance, and completion deadlines

A realistic high-level timetable exists, but some dependencies and responsibilities remain open

One party or a formal proceeding has imposed deadlines, but no integrated resolution plan exists

The matter is proceeding without a reliable timetable

When does the prospective client expect to begin or complete the proposed resolution process? *

Within 30–90 days, with a defined preparation plan

Within 3–6 months, with preliminary planning underway

Within 6–12 months

Timing remains uncertain

The respondent is only researching options

What is your role in selecting and retaining legal counsel and approving a business resolution? *

I have authority to retain counsel and approve or recommend the material settlement terms

I am part of the legal or business decision-making team

I can retain counsel but another person or governing body must approve settlement

I am an adviser, employee, consultant, family member, or researcher without authority to retain counsel

How prepared is the prospective client to fund, perform, monitor, and enforce the obligations contemplated by a settlement? *

The client has identified responsible personnel, funding, approvals, operational steps, monitoring procedures, and escalation or enforcement responsibility

The client can perform the expected obligations, but limited internal planning or monitoring remains

Performance depends materially on future financing, third parties, unresolved approvals, or continuing cooperation

The client has not evaluated how the settlement would be implemented or monitored

Is the prospective client prepared to authorize the legal and related professional fees reasonably required for the proposed resolution? *

Yes, a legal and professional-services budget has been approved or allocated

Probably, subject to reviewing the recommended package, scope, and fee

Fees will depend on receiving settlement proceeds, collection, financing, or counterparty reimbursement

No, or payment is expected only if a settlement is reached

Full Name *

Phone *

Email *

Company *

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RAETZER PLLC

Sophisticated counsel for the decisions that move a business forward — from first formation through its next chapter.

Offices

224 W 35th St, Suite 500 #2320

New York, NY 10001

1910 Pacific Ave, Suite 2000 #1625

Dallas, TX 75201

Contact

(726) 243-4308
[email protected]
https://www.raetzerlaw.com/

The materials on this website are provided by RAETZER PLLC for general informational and educational purposes only. They are not intended as legal advice, do not constitute legal advice, and should not be relied upon as legal advice for any particular matter or situation.

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This website is for educational purposes only. The attorney responsible for the content of this website is Joseph J. Raetzer, MBA, JD, RAETZER PLLC, primary office can be sent mail at 1910 Pacific Ave Suite 2000 #1625 Dallas, TX 75201.

Legal services are provided only after engagement and conflicts clearance.