Buying a Horse & Alternative Dispute Resolution

Alternative Dispute Resolution, or “ADR” as it is called, normally involves the process of either;

  1. Mediation or
  2. Arbitration.

They are used when business disputes or personal disputes between differing interests arise.

Horse jump a hurdle in competitionIt is often the case, when two people buy a horse from each other, be it a sports horse, performance horse or breeding stock, that the horse is bought in circumstances which are unclear, not fully detailed, and not set out and agreed between the parties. Equally, when two people or businesses come together to purchase differing shares in a horse, sometimes that relationship can break down and disputes develop.

These form of disputes are costly, and any value that may be gathered by either the person or Company as a result of owning or selling a horse can often disappear when having to pay for the costs of dealing with a dispute. Also, needless time is wasted and taken away from doing more productive work, such as running your equestrian business or enterprise, or otherwise looking after or training your horse or horses.

Sometimes, Court Proceedings are resorted to by way of trying to resolve disputes but often this can be lengthy, costly, cumbersome, and can often take a very long period of time in which to get a Court case on for hearing.

One very speedy method of dealing with any disputes is by way of mediation or arbitration. The methods which apply in terms of mediation are as follows:

  1. Mediation

Mediation is where parties to a dispute agree to the appointment of a mediator who will then try to help the parties settle the dispute. Mediation is voluntary and although a judge may recommend parties to mediate, parties may decline to do so, or may abandon mediation at any time. However, once a resolution is reached, it can be binding if the parties decide to enter into a settlement agreement. Mediations are not “decided” in favour of one party or another; rather, the mediator simply facilitates the negotiation process. The outcome is decided by the parties themselves.

  1. Arbitration

Arbitration is an alternative (non-voluntary) way of resolving any type of dispute. The arbitrator hears the disagreement between one or more parties and after considering all relevant information renders a final decision in favour of one of the parties. Decisions may be binding or non-binding, depending on the terms of the arbitration agreement.

If you find that you are unfortunately involved in a dispute with another horse owner, or potential buyer, or vendor of a horse in which you have had an involvement, the dispute, if it cannot be resolved between you and the other party, can be very quickly and speedily dealt with by way of either mediation or arbitration. The process does come at a cost but it is one method of dealing with the matter very speedily, and equally, in a manner where both parties can agree the terms of resolution, and the needs of the horse and of its owners, can be addressed very quickly, so that the parties can move on and get back to their ordinary day lives.

Should you require any further information on this issue, or the issues that have been mentioned above, please do not hesitate to contact Carter Anhold & Co Equine Solicitors Sligo & Dublin at info@carteranhold.ie .

 

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