- The failure to record partnership arrangements in a formal agreement can lead to unexpected consequences, particularly with reference to ownership and beneficial use of property. (Note: costly and divisive battle in Wild v Wild 2018)
- Passing the business to the next generation can create real tensions within the family
- Next generation may have different appetites for involvement in the business, but how to treat all fairly?
- Passage of time or illness in family leaves next generation in conflict over farm management decision-making
- Disagreements are threatening value already created, and hampering creation of future livelihood.
A mediated conversation will cut through communication barriers and introduce a realism to enable family dialogue to focus on:
- Achieving fair outcomes and moving on
- Preserving relations
- Understanding the true cost and divisiveness of a legal battle (Wild v Wild 2018)
- Enabling farm management changes that allow a return to building a successful future.
Other areas where mediation can help
- A dispute over breach of contract, either with customer or supplier