Dispute Resolution
Dispute Resolution
Some people will have issues that lead to disputes or differences that need to be resolved. The CAAV and its members can assist with this.
It will depend on the nature of the issue whether it is best handled in the courts or by a tribunal or, as increasingly happens, by more informal means such as:
- mediation
- expert determination
- arbitration
The dispute might be about agricultural or other tenancy matters but could be a partnership dispute, compulsory purchase compensation, a contract farming agreement or any other contractual problem.
The CAAV’s Approach – Facilitating Dispute Resolution
The CAAV, supported by its Dispute Resolution Charter, looks for fair and impartial dispute resolution, whichever method is adopted, avoiding unnecessary delay and cost. It embeds this in its Facilitating Dispute Resolution service.
The important point is to adopt the right approach for the case, meeting those criteria, to give an effective answer that allows people, families and business to move on to make decisions, not stymied by delay. Delay brings cost, stress and uncertainty to the detriment of business.
This approach is set out for arbitration more fully in the publication, Appropriate Arbitration.
Along the way, the CAAV encourages parties and their advisers to negotiate effectively, so if dispute resolution is still needed it is on defined issues that matter. To that end, the CAAV promotes the use of “early neutral evaluation”, a name for taking a non-binding opinion form a respected third party on a point, question or the entire matter, for an objective view of the merits of an argument or what a third party such as an arbitrator, might be expected to decide on the basis of the information and arguments offered. Such a fresh view could save much trouble.
Using the CAAV to Appoint People to Settle Disputes
The CAAV’s President can, on request, appoint or nominate someone to act as a mediator, expert or arbitrator to help resolve the matter. For more information and guidance, see Using the CAAVs Dispute Resolution Service.
For an agricultural or rural dispute that person may often be a CAAV Fellow but there are occasions when someone with other professional skills will be appropriate.
Applications for appointments should be made on this form.
Cost of an Appointment
- The general fee for this service is £234 (including VAT)
- However, the fee for this service for a statutory appointment under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995 (for FBTs) is £195 (with no VAT).
Unless the law (as with agricultural tenancies) or any contract authorises an application for an appointment to be made by one party only, applications must otherwise be by both parties to an issue.
Helping Parties in a Dispute
Equally, CAAV Fellows can act for parties in an issue whether advising on the issues, in presenting their cases or providing expert witness evidence.
Early Neutral Evaluation – This is a name for one or both parties taking a question or an issue in whole or part for a third party’s opinion, helping look afresh and objectively at points that can get out of perspective, see angles or suggest how a arbitrator or court might decide it. As non-binding advice, this can clarify matters and assist continued negotiation.
Where it would help, the CAAV can appoint or nominate a person for such a role.
Scotland
In Scotland, the Scottish Agricultural Arbiters and Valuers Association (SAAVA), affiliated to the CAAV, is statutorily recognised as an Arbitral Appointments Referee, empowered by law to appoint an arbitrator in any matter if required by someone.
SAAVA’s President will also appoint people to settle a matter as an expert or act as mediator.
Applications for appointments should be made on this form.