The agricultural sector is commonly affected by disputes over farming partnerships, the running of a farm or indeed the ownership and use of the land itself. Many farming partnerships tend to be partnerships at will with little written records of the details, structure and logistics of the partnership. When someone dies or retires from the partnership, issues that may have been bubbling away or have not been addressed for many years then come to a head.
As a solicitor with over 12 years’ experience, I have specific expertise in these claims having dealt with many of these cases over the years and now having mediated many of these disputes myself. I understand the nuances of the cases, the emotional dynamics that drive the cases, the farming communities and the important issues to them. I am used to looking at plans of land and farming accounts and can cut through the issues to help the parties focus on a workable outcome.
I have been praised for mediating bitter agricultural disputes and for quickly getting to grips with the set up of the farm, the land and the livestock and what can and cannot work, recently being described as combing “a first class legal brain with tons of emotional intelligence – an excellent mediator all round.”
As with
Proprietary Estoppel cases, these cases involve costly and extremely hostile and difficult litigation. The involvement of accountants, land agents, surveyors, experts, can significantly increase the fees associated with the litigation.
The outcome of these cases can also range drastically and again neither party can feel like a winner at the end of a trial if the judge has sought to dissolve the partnership, sell the land and live stock and divide the cash, which is likely to be to neither party’s satisfaction.
Why is mediation a suitable form of dispute resolution?
Mediation allows the parties to explore creative solutions to the dispute, looking at all aspects of the dispute, the farm involved and the land, livestock and deadstock at stake. Future business plans can be considered as well as clean breaks.
Mediation saves on the emotional stress of litigation running into many months if not years as well as the significant legal fees associated with the litigation. Continuing to run a farm and deal with litigation in the background is not an easy task. Mediation resolves issues quickly and cost effectively.
