Finding your Resolution
tel: 07903 655060 email: info@agri-mediate.co.uk
Welcome to Agri-Mediate
We are a small group of multi-disciplinary independent mediators who have specialist knowledge in rural, agricultural, agri-business and property matters.
We have come together to provide a unique service to individuals and businesses involved in disputes in these specific areas. We each have considerable experience of the mediation process as mediators and also representing clients within our own individual professions. We also have experience of the court system, as advocates and expert witnesses and are acutely aware of the pitfalls and the cost, both personal and financial, of protracted litigation.
Our knowledge of the industry and associated practicalities assists parties to find for themselves, workable, cost effective and straightforward solutions.
We understand and appreciate the value of a mediated settlement and the certainty it can bring to the parties involved without the pressure of litigation.
“Mediation is an incredibly powerful tool and should not be disregarded by anyone involved in litigation no matter how protracted. Mediation allows the real issues to be aired and results in certainty for the parties who achieve resolution. It is foolhardy not to seriously engage in the process and attempt settlement.” Nigel Gowling
Agri-mediate main areas of practice include:
Family farming disputes – partnership, contentious probate, trusts and divorce.
Land and property disputes – boundaries, rights of way and ownership.
Tenancy disputes – succession, repossession, rent review and disrepair.
Negligence actions – crop damage, veterinary and banking issues.
Commercial – contractual, partnership, companies and shareholder issues.
Profiles
Microb. LLDip Barrister-at-law – Accredited Mediator
Serena, a farmer’s daughter, with a degree in Microbiology and former agronomist has 18 years of experience in agricultural law. Serena qualified as a solicitor in the Agricultural Litigation department at Burges Salmon and then became a Barrister in 2005.
Serena specialises in Agricultural and Property Law and Commercial Dispute Resolution. Serena is recognised by her clients as down to earth and commercial. Her previous experience is invaluable in dealing with cases involving agricultural land and business. Serena is able to take on complex issues quickly, evaluate the possible solutions and easily identifies the core issues preventing settlement.
Serena deals with County Court and High Court litigation without the need for external Counsel enabling a Barrister approach from the outset. Serena has significant experience in the Court of Appeal as well as in Agricultural Arbitrations, Tribunals and Mediations. Serena frequently deals with partnership issues, professional negligence, contested probate, commons and access, equine issues, property disputes and rural planning.
BSc FRICS Chartered Surveyor – Accredited Mediator
Paul comes from an old Rutland farming family and was educated at Stamford School, the University of Reading and the University of London. He has a B.Sc in Rural Estate Management, postgraduate diploma in Farm Business Administration and is a Fellow of the Royal Institution of Chartered Surveyors.
He is a partner with Berrys, Chartered Surveyors, in Kettering, Northamptonshire. He started his career with Berry Bros & Legge in Northampton in 1971 and apart from three years gaining experience on the family farm in the mid-1970’s has been with the same firm throughout. He was responsible for negotiating the management buy-out of the firm in 1992 and setting up Berrys’ new partnership, which he managed until 2007.
Although in the early days he set up the farm management and consultancy department for the firm, in later years Paul has specialised in dispute resolution, valuation and other professional services. He covers a geographic area from southern England, through the eastern counties to Yorkshire in the north and the Welsh borders in the west.
Paul has been a member of the President’s (formerly the Lord Chancellor’s) panel of arbitrators specialising in rural disputes since 1994 and an RICS accredited Civil Mediator since 2012. He regularly appears as an expert witness in court, arbitration, inquiries and tribunals, and acts as a court appointed Single Joint Expert. He also represents parties in disputes. He is currently a member of Council of the Agricultural Law Association.
He was the President of the Rural Practice Division of the Royal Institution of Chartered Surveyors in 1997-8 and previously chaired various rural working parties for RICS. In addition to his professional work he farmed on his own account until 2004.
MRICS Chartered Surveyor – Accredited Mediator
Calum is a chartered surveyor with 14 years post qualification experience of property management for private and institutional clients. Calum works with a diverse range of property types including strategic property development, renewable technologies and planning and development work.
Calum operates on the basis that a service will be delivered in a direct yet approachable manner to a client. In his role as a mediator, Calum brings this attitude and his diverse experience to the mediation arena. This, coupled with a career involved in negotiations of varying forms, should help the parties to address the issues which are preventing them from reaching a settlement.
He works with other professional advisers to promote significant development for housing, renewable and retail development and negotiating terms for disposal subsequently.
He undertakes valuations of rural properties and country estates for a range of purposes and specialises in the production of development appraisals for diversification and other investment schemes.
He is a specialist in the renewable field, acting for landowners across the country in their negotiations with developers and overseeing subsequent construction work.
LLB, LLM, PhD, Law Solicitors – Accredited Mediator
An ADR Accredited Mediator, Agricultural Law Association Fellow and Finalist for the Farmers Weekly Farm Advisor of the Year 2014, Nerys is an obvious choice to mediate any rural dispute.
Originating from a farming background and being a specialist agricultural lawyer, Nerys understands fully the intricacies of rural life and farming businesses and is therefore able to empathise with parties who find themselves involved in a dispute. Nerys has a common sense approach, together with a calming nature and practical approach, which is greatly sought after.
The Process
Every mediator has his or her own unique style born out of experience in dealing with a vast range of situations, different complexities and people. One of the skills of a mediator is to identify very quickly what format will best suit the parties to the dispute. At Agri-mediate we offer both facilitative and evaluative mediation.
In a typical case, the parties and their advisers/solicitors meet at an agreed location for the mediation, which normally lasts only a day. However the mediator will remain engaged until the end of the process if matters cannot be fully resolved in that one day.
Before the mediation begins the mediator will deal with formalities including ensuring that all parties have signed the mediation agreement and checking that the parties in attendance have the authority to agree any settlement when terms are reached.
The mediator will usually speak to all the parties in a joint session (if appropriate) and set out his/her role and what the parties should expect during the day. At this point the mediator will invite each of the parties and/or their representative to make a short statement setting out what they want to achieve from the day. The mediator may summarise what he/she has heard highlighting the areas that may be the stumbling blocks of resolution.
After the initial briefing the mediator will speak to each of the parties in private to identify and understand their positions in detail to assist the parties to identify the areas where compromise may be reached.
In a facilitative mediation the mediator will then move between the parties in separate rooms to explore possible options for settlement. In some situations the parties may find that another joint meeting is helpful or a meeting of the legal representatives; again the mediator will be present to hear what is being said and to assist the parties to find resolutions.
It is important that parties remember mediation is a voluntary process – the parties themselves are always in control. The mediator is there to facilitate any possible settlement, your settlement.
Evaluative mediation option
At Agri-mediate we also offer the option of evaluative mediation. This can be particularly useful when the parties are not legally represented or where their solicitors or not specialists in agricultural matters.
In a facilitative mediation the mediator will not offer his/her opinion even if asked. In an Evaluative mediation the mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a Judge, Arbitrator or Tribunal would be likely to do. An evaluative mediator might make formal or informal recommendations to the parties as to the outcome of the issues. Evaluative mediators are more concerned with the legal rights of the parties rather than their needs and interests and evaluate based on legal concepts of fairness.
In an Evaluative mediation the mediator will most often engage in separate meetings with the parties and their representatives, practicing “shuttle diplomacy”. They help the parties and attorneys evaluate their legal position and the costs vs. the benefits of pursuing a legal resolution rather than settling in mediation. The evaluative mediator structures the process, and directly influences the outcome of mediation.
Other points to remember:
The meditation process is private and confidential and nothing said can be used in any court proceedings.
The mediator will not disclose anything said by one party to the other without prior authority of that party.
The mediator will not give legal advice and will not express opinion on the strengths or weaknesses of either party’s case unless an evaluative mediation is taking place
The terms of any agreement reached will not be binding until the mediation settlement agreement is signed by all parties.
Why Mediate?
85% of disputes that go to mediation settle.
Mediation (sometimes referred to as Alternative Dispute Resolution) is an invaluable tool and can be used when those in dispute want to resolve matters without going to trial. Trials are expensive and costs may be incurred which may not be recovered even if a party is successful. The court process is protracted and resolution may take months and more often years.
Despite the strength of your case there are no guarantees of success, the court may not be in agreement with your legal advisors and may make adverse findings which you are stuck with unless there is a successful appeal. There is no certainty.
Mediation may not give everyone their ideal outcome but mediation allows you to decide. Only you will accept what you can live with.
A Mediation settlement agreement gives certainty.
Mediation is not limited to the specific area of the dispute and can encompass other matters outside a court’s jurisdiction.
Mediation allows parties to deal with matters quickly and cost effectively in turn allowing parties to move on in a positive manner.
Fees & Payment Terms
We operate a transparent fee structure with no hidden extras. The fee quoted for the mediation will be the fee charged.
We will give you a quotation for your chosen mediator after discussing the details of the proposed mediation with you.
Invoices are payable 7 days prior to the mediation date. Late payments carry additional interest charges at 3% above Barclay’s base rate.
Where an invoice is issued to and payable by the solicitors’ firm instructed by a party, settlement of those invoices is not conditional on them being in funds from their clients.
Where invoices are issued to parties (as opposed to their solicitors) the solicitors for each party undertake to meet any default in payment by their respective clients.
Cancellation
If any Party cancels the Mediation, the following proportion of the Mediator Fees will be payable by each Party at the levels set out below.
If the cancellation is made less than 5 working days before the date of the Mediation, 50% of the Mediation fees including any preparation already undertaken; or
If the cancellation is made more than 10 working days before the Mediation, 25% of the Mediation fees including any preparation already undertaken;
In each case without prejudice to a Party’s right to recover any sums it deems due from any Party it considers to be at fault for the cancellation.