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Main office

COLBURN
5 & 6 BAILEY COURT
COLBURN BUSINESS PARK
RICHMOND
NORTH YORKSHIRE
DL9 4QL

01748 897 630

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BARNARD CASTLE, LEYBURN, STOKESLEY & BOROUGHBRIDGE

Residential Management Team

01748 829210

Dispute Resolution

Mediation to resolve a family dispute

A settlement achieved through mediation kept a farming family from taking their cases to court.

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The mediation delivered a swift and decisive outcome for the clients at a substantially lower cost than going to court, in a significantly shorter timeframe and probably, with a more flexible outcome.

Challenge

An intractable disagreement

In a family farming situation, which will be typical of many farming families, the farm was too small to support all of the children. The son worked on, and then rented, the farm on an assurance that he would inherit it.

For a myriad of reasons, his claim was refuted by his parents and a bitter dispute followed. GSC Grays were appointed as mediators to help the family to resolve the matter out of court.

Solution

Instructing an independent evaluation

Both sides claimed to have a strong case and in order to give mediation the best chance of success, we instructed the Early Neutral Evaluation of their cases by an independent barrister.  That advice was shared with both parties prior to the mediation and informed them of the relative strengths and weaknesses of their cases.  In doing so, a realistic assessment of the likelihood of success, in the event of the mediation failing, was possible.

Outcome

Achieving closure

After an emotional day, a settlement was reached between the parties.  A personal reconciliation on the day was not possible however the mediation process probably gave them the best prospect of this occurring in the future.

 

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Calum Gillhespy -GSC Grays

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Calum Gillhespy

MRICS


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