Farmers urged to turn from law to mediation
UNDER WAY: (from left) Tom Dawson, Rea Group; Mark Fielding, ISME; Minister of State for Labour and Reform of the Public Service Dara Calleary; Richard Rea, Rea Group; Evelyn O'Donnell. Donal T Ryan & Co solicitors; barrister Michael O'Connor and Oliver Ryan-Purcell, Rea Group agri-law consultant, take a break at the launch of the Rea Group Mediation service in Cashel, Co Tipperary
Ireland is now regarded as one of the most expensive countries in the world for litigation.
A typical farm-family dispute over a will in the circuit court is estimated to cost a minimum of €15,000 plus VAT for each side.
However, Rea Group, the Tipperary-based farm consultancy firm, has launched a new mediation division, which, they argue, could cost significantly less for individuals involved in farm disputes.
Led by well-known solicitor Oliver Ryan-Purcell and barrister Michael O'Connor, the new division will handle succession and inheritance issues, neighbour disputes, landowner/ tenant problems, commercial leasing, shareholder disputes and large debt recovery.
Speaking at the launch of the mediation service, Mr Ryan-Purcell described litigation as "going for the jugular".
"The court process is cumbersome, expensive, time consuming and stressful," he said.
"Using mediation could avoid decades of litigation. A mediator's intervention at an appropriate time could save hundreds of thousands of euro in court costs.
"It could be the difference between the happy survival of a united farm or family business on the one hand or the destruction of a farm or business and an unending feud on the other," he added.
Barrister Mr O'Connor said mediation would be very useful in a farm scenario where the father leaves everything to one child and the other children immediately challenge the will.
"If there are several claims, that means the sale of the farm," said Mr O'Connor.
"There is a winner-takes-all aspect to court litigation, but mediation offers an alternative and is now being encouraged through the court system," he added.
Mediation is a simple process involving one or more meetings between a mediator and individual parties to the dispute or the parties together.
The mediator guides and facilitates the process by helping the parties to explore all options to achieve settlement.
- Caitriona Murphy
Irish Independent
