Disputes can arise in forestry as they can in any other industry. Conflicts can arise between businesses in the industry, or between a business and an external party over land use or regulatory, cultural and other issues.
The forestry industry is becoming increasingly complex, with the introduction of new forest owners, the changing contracting scene, and consulting and management activity. If not managed effectively, these more complex arrangements can lead to significant disputes.
Many businesses assume that litigation is the only method of solving disputes, But there are several forms of profession dispute resolution that can help you avoid costly and lengthy legal battles. Forme Consulting Group is experienced in facilitating the appropriate form of dispute resolution for our clients.
The dispute resolution continuum:
The simplest way of solving a dispute is to negotiate with the aim that both parties will reach agreement. Negotiation is the cheapest form of dispute resolution because there are no third parties or advisors to pay. If negotiation does not resolve the dispute, it may help clarify the issues.
Mediation requires a mediator who must be neutral and whose role is to bring the parties together and manage the dispute resolution process. The parties make the final decision and both parties must agree for it to be binding. Mediation is useful when the maintenance of a long-term relationship between the parties is important.
Arbitration is more adversarial than mediation and the decision is made by the arbitrator, based on the evidence presented by the parties. The appointment of the arbitrator must be agreed on by both parties, and the arbitrator is required to ensure that the parties are treated equally. The decision – or award – is binding.
Parties tend to litigate disputes when they are absolutely convinced that law and justice are on their side and have a deep-seated desire to have their day in court. A dispute in litigation may not be dealt with quickly, due to delays in the court system, and generally court proceedings are not private.
To discuss further please contact John Schrider – 027 446 9296