Did you know that mediation can be applied to the agricultural field? The application of mediation to the rural sector is interesting, for one main reason: it manages to maintain existing family, neighborhood or work ties.
Improving these relationships will result in the proper functioning of the business or the performance of the land, since the human component is essential for everything to develop without incident.
People who dedicate their lives to the countryside sometimes encounter conflicts and problems that they have to solve in the best possible way so that their interests and those of their lands are not harmed. And that is where rural mediation can act positively.
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What legislation on rural mediation is in force?
The Spanish agricultural sector (national, community and local) is little by little innovating and restructuring, incorporating the political and economic guidelines set by Europe. European policy introduces mediation in rural areas, with all the advantages and benefits that we will explain later.
- The new Agrarian Law of Castilla y León presents mediation as a conflict resolution system in its articles 170 and 171 (referring in its regulation to what is established in Law 5/2012 on Mediation in civil and commercial matters).
- Royal Decree 64/15 regulates mediation in the food chain, through the Code of Good Commercial Practices, to which producer organizations could turn in case of conflict with unprocessed agricultural products in their first sale.
What topics does rural mediation cover?
Rural mediation comes into play in all those cases in which the private rights of people with reference to the countryside or agricultural activity are affected.
The topics in which mediation can intervene are the following: neighborhood issues of party walls, boundaries, land division, rural leases or purchase and sale contracts, contracts with agri-food and distribution industries, land inheritances, easements of passage, organization of SAT and family agricultural companies, etc.
From all these activities, work or family problems and conflicts can arise, and it is important to solve them at the root so that the production of the land is not affected.
Advantages of rural mediation
Compared to the traditional intervention of a judge or third person, who will decide and strictly apply the law, the figure of rural mediator appears, offering the following advantages:
- With rural mediation, communication is encouraged, which helps disputing parties improve and maintain relationships for the future. The first objective of rural mediation is to lay foundations that generate greater harmony and fluidity in future relationships, and this is beneficial if those affected are neighbors or have some other area in common. We must not forget that mediation is a process that requires the will of both parties to begin.
- Rural mediation is a way of seeking alternative and different solutions, always leaving the opportunity for the parties to explain their point of view and little by little build an agreement based on mutual consensus.
- This alternative way of resolving conflicts represents cost savings, in addition to increasing agricultural or livestock performance in the case of a business, since through rural mediation it is committed to improving relationships and seeking creative solutions. which can even lead to new business opportunities.
- One of the essential values of mediation is confidentiality. Nothing discussed in a mediation will be made public or known to third parties. This allows the image of agricultural or livestock companies to not be affected, nor their relationship with their suppliers.
As you can see, mediation applied to rural, agricultural and livestock conflicts is a good option compared to traditional judicial means (which will always be there if the problem cannot be solved).
The really positive thing about rural mediation is that it offers the possibility of reaching a mutual agreement by consensus, without the intervention of a judge or third party. Therefore, the solutions derived from this possible agreement will be much better for the parties and more durable over time.
