A central pillar of rural Scotland is its vibrant network of businesses. These businesses face challenges as diverse as the communities in which they operate and disputes can have significant financial and reputational consequences. Similarly, disputes among neighbours, landowners, and farmers can disrupt the harmony that close-knit rural communities thrive on.
Litigation versus mediation
While court action is sometimes necessary to resolve disputes, litigation is by its nature adversarial. Battle lines are drawn early on and sometimes there is no way back. Sometimes it is, of course, important to establish and vindicate legal rights, which only a court can do, but mediation is proving to be a crucial tool in resolving disputes in the rural sector.
In addition to damage caused to relationships, the emotional toll of disputes on both businesses and individuals cannot be underestimated, with conflicts significantly affecting individuals’ mental health in their work and personal lives.
This is particularly relevant in the rural sector as disputes can occur between family businesses and neighbours. There may be a number of sensitivities and those involved will likely be anxious to resolve conflict and move forward. Mediation is therefore particularly suited to disputes with an emotional or familial factor.
What are the advantages of mediation?
Mediation is where an independent party helps parties to come to a mutually acceptable outcome. It is not meant to establish the parties’ rights, rather, it aims to help parties come to an agreement that they are both comfortable with, and is tailored to individual needs and the unique dynamics of rural life.
Structured dialogue
By offering a structured yet flexible platform for dialogue to take place, it allows parties to have control over the dispute resolution process where they can openly discuss concerns and expectations, paving the way for collaborative solutions that benefit all involved.
Time
It can resolve conflicts swiftly, preserving valuable time and resources that rural businesses can redirect towards innovation and growth, while mitigating against the emotional impact conflict can have on both businesses and individuals.
Efficiency
It is seen as an efficient and less adversarial alternative to litigation, which can often help foster a spirit of willingness to resolve matters and move on while preserving relationships and encouraging understanding and trust.
Private
It is also private, thus providing a confidential alternative to “airing dirty linen in court”.
Comment
Sometimes litigation is unavoidable and necessary, particularly where legal rights need to be established. However, as rural communities adapt to changing times, mediation is a method of dispute resolution that can help parties to overcome conflict and to preserve relationships, allowing rural communities and businesses to forge a future that is as rich and diverse as their landscapes.
For more information, please contact Stephanie Hepburn, Partner in our rural disputes team.