Our services, Our difference

We assist farming families to navigate farm succession, by facilitating a discussion where we listen to the diverse interests involved. Our priority is to strengthen and preserve the relationships within the family.

We work collaboratively with other professionals, such as lawyers, financial planners or other mediators, so that there is the best outcome for the farming group.

Our work is underpinned by the values of respect, safety and trust.

• You want to explore succession options proactively.

• Business decision making is stalled, and decision makers become deadlocked or lack skills for a difficult conversation that would unlock discussion to find a negotiated agreement.

• When control over farm planning is not being relinquished by one generation (asset holders) so that the next generation can step up to take on the responsibilities of farm planning. This is often due to concerns that family members have which are not clearly expressed. We can assist to explore the motivations and emotions that are stalling intergenerational transfer. Common examples of these concerns include worry about retirement income for the older generation or how to divide assets fairly.

• The responsibilities of the farm seem overwhelming to the next generation. Common examples are the uncertainty of climate, commodity markets, water trading and financial pressures caused by debt. The next generation often require a negotiated period of learning how farm decision making is done by the older generation. Ideally this period is a generous open learning process over years.

• Following the death of family member who is the owner of the farm.

• Following family relationship breakdown, separation, or a health challenge. We can help to facilitate discussions which bring the parties to a negotiate agreement.

• There is a desire to involve the younger generation of family members in planning and decision making.

Depending on your needs, MediatingWorks can offer either a facilitate planning meeting, a mediation, or a combination of both.

Facilitated planning meetings include farming family members who are exploring options to map the future of the farm. Family members are working proactively to plan the future of the farm succession from one generation to the next.

Mediation is structured process of meetings necessary when two or more parties who are in conflict are unable to progress their interest to a negotiated agreement. Mediation aims at resolving a conflict between the two or more parties in a way that preserves the workplace or family relationships.

Facilitated planning meetings are designed to suit the specific needs of the family.

Our meditation process is staged across three meetings, and results in a report which documents agreed resolutions

1. Pre-mediation meetings with each attendee individually: this aims to prepare them for the mediation meeting. We support each attendee to have an opening statement prepared for the beginning of the mediation meeting.

2. Mediation meeting: all parties participating to achieve a negotiated agreement

3. Report of agreed resolutions: we produce a brief report following (or during?) the mediation, detailing the process undertaken, and agreed resolutions. Resolutions will include a range of important milestones of planning, as well as communication and behaviour expectations. Each attendee signs the report, and is given a copy.

4. Post-mediation meeting: a shorter meeting scheduled 6 to 12 weeks after mediation. The purpose is to review the implementation of the resolutions that attendees agreed to at mediation. This step is recommended as it tends to embed a behaviour change in attendees, as they know their commitments will be reviewed to see if they have been honoured.

We follow the Seven Elements model of negotiation developed by Harvard University. The Seven Elements reference the different parts of all negotiations, including:

Interests: A party’s needs, wants, concerns, hopes and fears: in essence, what’s important to them.

Options: All of the possible ways in which the parties might satisfy their interests together.

Standards: The criteria by which each party legitimises their perspective. There are technical standards as well as human standards (values).

Alternatives: The walk-away choices that each party has if agreement is not reached.

Communication: The transfer of messages by speech, signals, (verbal and non-verbal) writing or other action.

Relationship: The state of connection between two or more people.

Commitments: Statements about what a party will or won't do.