Litigation support is the process used to settle a dispute utilizing the court system. Litigation is typically used when dealing with economic damages, resolving divorce property disputes, post-acquisition disputes, financial reporting disputes, or dissenting shareholders.
Forensic accountants are involved before or during the litigation process to review and analyze the business's financial reporting. They investigate, collect evidence, audit, and calculate potential damages, which are the basis for the litigation process. Beyond the discovery process, they are often used as expert witnesses when a case cannot be settled out of court.
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Alternative Dispute Resolution (ADR) is a process designed to help parties resolve their disputes without a trial. Typical ADR processes include mediation, arbitration, and collaborative law, which are all cost-effective ways to resolve a dispute. SVA serves as an independent consultant addressing the dispute's business and financial aspects by assisting all parties in reaching a fair and mutually agreeable financial settlement.
Our team of CPAs, ABVs (Accredited in Business Valuation), and CVAs (Certified Valuation Analyst) understands the subtleties of financial issues the way attorneys understand the fine points of the law. They have a professional responsibility to use facts and reasoning to advocate for a position, rather than an individual client's interest. Judges and juries rely on SVA's independence, expertise in financial matters, and comprehensive documentation to make sound judgments.
A shareholder has the right to dissent to specific actions taken by a business or practice when the shareholder believes the company's proposed action will adversely affect him or her. If the shareholder decides to dissent to the corporate action, then the shareholder's remedy is usually limited to receiving payment for his or her shares' fair value. SVA valuation experts can navigate the nuances of what is fair value, what is fair market value, and what is the investment value. Our team can clearly define the appropriate standard of value and apply it correctly. At the same time, our valuation experts consider the statutes and case law in the relevant jurisdiction when making their determination.
When there is a business interruption due to an unanticipated event, SVA applies a methodology to compute and estimate the economic damages. There are several factors to consider including (but not limited to) whether the interruption is permanent or temporary, analyzing incremental changes in revenue, considering underlying economic causes, unforeseen expenses, changes in pricing and quantities sold, and considering variable and fixed costs. Applying the appropriate methodology and consideration of all relevant information is key to successfully resolving the matter.
One of the most challenging issues during a divorce is the valuation of marital property for distribution. SVA professionals remain independent and objective during the valuation engagement. They are bound by the AICPA Code of Professional Conduct which requires our experts to be impartial, honest, and free from any conflicts of interest. SVA takes the time to understand each case to prepare detailed documentation thoroughly. This allows our experts to present complex financial matters confidently and logically inside or outside of a court of law. SVA is an asset, especially when one spouse is determined to conceal certain assets or incomes that could change the outcome of the divorce proceeding if left uncovered.