Start with the actual relationship and documents
Founders and investors may work toward the same company succeeding while carrying different responsibilities and expectations. A founder may be close to product delivery, hiring and customer commitments. An investor may focus on the agreed investment, governance arrangements, reporting or future financing. Those are possibilities, not fixed roles: each person’s position depends on their agreements, the company’s structure and what has happened in practice.
Disagreements can arise around funding timing, forecasts, milestones, board participation, access to information, dilution, a proposed sale, intellectual property, a founder’s role or how a difficult decision was communicated. Do not assume that a pitch deck, email or common market practice settles the question. Review the relevant shareholder, investment, employment and company documents with an appropriately qualified adviser where needed.
It can help to identify who is actually involved. The conversation may include individual founders, a company, a fund or other entities, and some participants may need board or investor approval before agreeing to a change. Clarify who can negotiate, who can make a decision and whether a proposed agreement would require additional approval. A mediator can help structure that conversation, but does not determine what the documents mean or provide a legal ruling.
Make the disagreement specific
A broad statement such as “we have lost confidence” can describe the temperature without showing what needs to change. Translate it into questions: Which decision is disputed? What information was expected, by when and under which agreement? What practical risk is each party trying to address? What would need to happen for the next month or quarter to be workable?
Before mediation, prepare a short timeline and attach only the records that help explain the disputed events. Distinguish agreed facts from interpretations and note where you need clarification. Each side can consider its preferred outcome, acceptable alternatives and the consequences if no agreement is reached. This is preparation for a discussion, not a substitute for advice on legal or financial exposure.
- List the decisions, obligations or communications that are in dispute.
- Bring the relevant signed documents and a dated chronology.
- Identify the people who need to attend and the authority each person has.
- Write down business priorities as well as the points you will not agree to without advice.
Use the process to test options
A mediator can give each person room to explain their view, help separate different issues and support a discussion about options. The aim is not to decide which side is “the founder” or “the investor”, or to force the relationship to continue. It is to help the participants understand whether a voluntary agreement is possible and what it would need to address.
Possible topics may include a reporting timetable, a decision-making process, revised milestones, a transition, a funding discussion or a planned separation. These are examples only; the parties decide what to consider, and any change must be checked against relevant company documents and approval requirements. If participants reach agreement, take care to record it accurately and get advice before signing where the effect is significant.
Protect the possibility of a useful conversation
Ask about the mediator’s approach, experience, fees, conflict checks and information handling. Startup experience is not proof of legal or investment expertise. Discuss relationships before proceeding; if mediation does not suit, consider independent advice or another process.
Useful places to go next
These independent resources add context to this guide.
Australian Government: Prevent, manage and resolve disputesAustralian Government: Choose your fundingASBFEO: What is alternative dispute resolution?Attorney-General’s Department: Alternative dispute resolution