KEEPING MILK FROM THE LAWYERS

There is a famous Regency cartoon of a dispute over a cow. The claimant is pulling the cow's head in one direction while the owner is pulling the tail in the other. The point of the cartoon is the lawyer under the cow with his milking pail! Despite this view of lawyers, which seems to be as prevalent now as it was then, we have, in fact, been involved in substantial changes over the last few years which have reduced the cost and time taken to resolve disputes.

In 1999 the 'Civil Procedure Rules' were introduced to speed dispute resolution and, where possible, avoid matters going to court. Since then, instead of disputes taking such a lengthy course to trial, the court now manages the timetable, claimants must be 'proportionate' in the way they act, and parties are encouraged to use 'Alternative Dispute Resolution' (ADR) processes to avoid court hearings and court sanctions to ensure compliance.

In this new environment, mediation has become the most-used ADR process, with increasing numbers of cases settling through its use. It is a non-judicial process where a neutral third party, the mediator, helps parties to the resolution of their dispute.

The countryside generates its share of disputes, and, as a mediator from a farming background I have been involved in a substantial number involving rural issues: disputes over the supply of allegedly diseased stock, pigs, sheep, chickens, fish, animal feed supplies, FMD issues, bust-up of farming partnerships, defective farm equipment, inheritance claims, boundaries, rights of way and land development issues. All were dealt with by mediation and the vast majority, over 85%, resulted in a settlement in a single day with the parties able to get up the next morning with the dispute behind them.

Disputes absorb large amounts of emotional energy, time and expense and make businesses lose valuable management time. Also, both in commercial and personal disputes there is the added risk of terminal damage to personal and business relationships - this is almost certain to occur if a court hearing takes place. Mediation has the particular benefit of very often retaining and even repairing damaged relationships - this has a value beyond money alone. Mediation can also enable parties to deal with peripheral, but important, issues which no court can consider. The process, however, is not necessarily a cheap option, but those who have used it invariably say that it provides far better value than a court hearing.

The changes to the court system have dramatically changed the dispute resolution landscape. The amount of cases settled by using mediation has risen, while at the same time the number of claims being issued at court and going to trial has substantially reduced. If you are involved in a dispute now, or in the future, give mediation a thought; it is tried, tested and works. You could even manage to keep more of the milk to yourself!

Christopher Butterworth