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What is less well understood however is the specific legal obligations and responsibilities entailed. Through acting as Expert Witnesses in many matters across a wide variety of sectors, ARC people have a thorough understanding of what the role of an Expert Witness is.

The primary responsibility of an Expert Witness is to provide assistance to the Court. If a particular witness is inexperienced or not properly instructed, is easy for them to lapse into playing the role of an advocate. They may be unwittingly supporting the case of their side of the matter by making assertions and representations that are not supported by strong evidence or any evidence at all. If this occurs it has the effect of undermining the effectiveness of the Witness and calls into question the depth of their expertise.

It is also vitally important to realise that for someone acting as an Expert Witness, is it is the little things that matter. Through having the detailed knowledge of how the written report of an Export Witness should be correctly constructed and formatted, an Expert will add to their credibility and effectiveness in assisting the Court.

Appointing an Expert Witness is not a strategy without risk. An inexperienced or ill-prepared Witness can potentially have a detrimental effect on the interests of their side by having their evidence called into question or discredited by the other side.

Whether via a written report or Court appearance or both, by virtue of their industry experience, ARC people have a deep and thorough understanding of the responsibilities and obligations of an Expert Witness.

ARC Group understands that agriculture is a risky business, with the potential for liability arising on a number of fronts. We provide a thorough and specialised service for agricultural problems and disputes.

Agricultural systems are complex, and when problems occur, they can affect any number of links in a sector’s supply chain. This is why a comprehensive knowledge of how supply chains are constructed and their associated risk factors is essential for investigating agricultural liability claims. As a firm focussed entirely on agriculture, the ARC Group has the detailed knowledge required to accurately appraise and resolve liability issues across all primary industry sectors.

ARC Group understands the unique characteristics of agricultural systems, and is able to deliver the most effective methods for measuring and quantifying losses, at both individual and industry levels, across all agricultural sectors.

In agriculture, there is potential for loss on many fronts, and when adverse events occur, timely and accurate appraisal and quantification are necessary.

Areas of Loss

ARC Group has the experience and expertise to quantify agricultural losses across all sectors of primary industry.

Our quantification and loss adjustment procedures can address losses including (but not limited to):

• Crop loss due to all perils including weather, fire, pests, and pathogens
• Crop losses due to faulty performance of seed or other inputs supplied by third parties.
• Livestock mortality or impairment
• Economic loss due to regulatory issues
• Forestry fires

Agricultural losses are not always discrete events, and may extend over a number of years. We are specialists in the assessment of loss of future production in all agricultural sectors.

Calculating future losses requires different skills to those utilised to quantify historical losses. Key amongst these required skills is a detailed understanding of the technical production parameters of the agricultural sector involved combined with knowledge of the potential impact of variables outside of the control of the affected party.

Appraisal and Quantification

While devising the methodology is the first step in the quantification process, knowing which tools to use, and how to properly use them, is also vitally important. Our people are skilled in using a broad range of available technologies, and in staying abreast of new developments that will improve timeliness and accuracy which in turn leads to a reduction in costs.

Devising and deploying the most appropriate methodology to quantify a particular loss is the most important component in the claim resolution process. ARC Group has decades of experience in doing this, and our detailed knowledge of all agricultural sectors ensures that we are quick to determine the most appropriate methodology for resolution.

Developments in satellite and aerial imaging, remote sensing, the use of drones, and improvements in soil and plant tissue analysis are examples of technologies that can increase the accuracy of appraisal and quantification. With the improvements and refinements that are continuously happening with these advanced technologies, the need for people with very precise specialties can be required. Where ARC people don’t have the particular expertise required to advance or resolve particular issues,, we know the specialists who will be able to supply the skills that are needed.

It is our expertise and experience that will best determine which resources are needed, and which provide the most timely and cost effective processes to complete the quantification.

Loss Management

Agricultural losses are unique, in that the loss event can persist or have an effect over a period of months, or even years. Resolution of these types of losses can require a complex set of analyses and interventions which while accurately measuring the loss, minimise the incidence of any additional losses.

For example, suppose an established macadamia nut orchard was damaged by an incorrectly formulated spray mix. Assume that the damage was extensive, and had a significant effect on yields, but was not sufficient to kill—or warrant the removal—of the affected trees. In this circumstance, a protocol would be needed to identify and achieve critical steps, including:

• determining as quickly as possible whether some or all of the trees can be saved or whether it is a better course to remove them straight away.
• If it is determined that some or all of the trees can be saved, the management tasks and interventions needed to restore the trees to full health as soon as possible need to be devised and enacted.
• measuring and quantifying the difference between the expected and actual yields, and
• identifying the point at which the loss ceases which, given the husbandry of macadamia trees, could be a number of years.

At ARC Group, we have the experience and skills to efficiently and effectively manage and resolve ongoing loss situations across a broad range of primary industries. We have the knowledge, adn the experience to know when to arrange additional expertise required and to accurately quantify complex loss situations, and to minimise the impact of the loss, whether it is a discrete or ongoing event.

We operate ethically, with the aim of bringing disputes to a mutually satisfying resolution, and a timely conclusion with minimal expenditure of resources for both parties.

• Reduce costs by engaging ARC Group, your expert mediators
• Commitment to mutual goal resolution which benefits all parties

Our team are skilled in conducting open and honest negotiations, and we maintain professional communication at all times. We facilitate logical and fact-based discussion, and promote a respectful environment in which parties are willing to participate in achieving the mutual goal of resolution.

ARC Group will work cooperatively with both parties—who may be individuals, private companies, public or multinational companies, or government departments—in order to conduct productive and gainful negotiations that will achieve positive outcomes across a broad range of agricultural disputes.

Types of Disputes

Disputes can occur through misunderstandings, and can escalate over years, being compounded by unrelated issues over long periods of time. Because agricultural operations are responsible for the livelihood and financial well-being of many people, disputes between parties are often heated and emotionally charged.

Some of the dispute types that ARC Group have experience with include:

• Land use issues
• Issues between land-holders and government authorities or utilities or other statutory organisation
• Defective goods claims, including livestock
• Professional indemnity issues
• Claims for damage caused by agricultural operations, including pollution and contamination caused by agricultural chemicals, and damage caused by livestock

Most agricultural disputes can be resolved through systematic discussion, which reveals the point of view of both parties, leading not only to a resolution of the foremost issue, but to a mutual understanding and goodwill that is instrumental in the prevention of future disputes.

Resolution Techniques

It is almost always in the best interests of both parties to resolve disputes locally, rather than engage in time consuming, costly, and exhausting legal battles. Resolving agricultural disputes via the Courts or other legal means should be a last resort. As well as the cost entailed, the end result will often result in one or more of the participating parties being unhappy.

A much more satisfying result can be achieved, without the animosity between the parties or the enormous capital wastage, if effective negotiation techniques are used to achieve compromise.

Negotiation to achieve mutual resolution is often the most effective way to resolve disputes.

ARC Group’s skilled negotiators can promote constructive discussion through which both parties can understand the impact they have on the other: the result is often that the dispute is resolved with the offending party happy to make changes to activities they weren’t even aware were causing problems.

Mediation can be useful in bridging impasse situations, in restoring communication between parties, where a matter has the potential to escalate to litigation, and where the matters are not legal in nature but still have a negative impact on the parties.

In disputes where legal action is required, ARC Group can offer supportive third party assistance, providing accurate interpretation of facts and data, and providing the expert knowledge and documentation necessary to make an accurate determination of liability.

Communication

ARC Group communicates effectively with all parties involved in liability cases, using ethical disclosure of information, professional negotiation, and clear correspondence. This ensures that relevant information is accessible to all parties involved in the investigative process, and timely resolution can be achieved without unnecessary delays and complications.

We value simple communication. We understand the needs and concerns of all the parties that make up agricultural supply chains and through regular and clear communication, we ensure that our clients understand the methodology and processes that we’ll be using to achieve the results they seek.

The content of the training programs varies from dispute management to personal development and the presentation of technical agricultural papers.

For many of the courses and training programs that ARC people have delivered, ARC has identified the need and made the suggestion to the client organisation that a training program be designed and delivered to improve a specific aspect of an organisations performance.

An example of this that has been repeated many times is the handling of customer complaints to companies that have a sales force working out of multiple branches. Sales representatives will typically have sound technical skills and knowledge of the product range they are dealing with but will not have a similar level of skills they can draw on to handle customer complaints.

In fact, in the overwhelming majority of cases, the first reaction of field staff to customer complaints is to either ignore them or to assure the customer that they will “look into it” and then do nothing about it in the hope that the matter will go away.

While this is the most common strategy of dealing with complaints, it is also the worst. While many complaints are relatively straightforward and easily dealt with, there will be complaints received that if not dealt with in a timely manner can escalate rapidly and have an eventual impact many times greater than it would have if it had been dealt with early and effectively.

ARC people have worked with client companies to deliver programs that give field staff the knowledge and, importantly, a process for handling customer complaints. A number of companies have said the greatest benefit of these types of programs is that equipping field staff with the realisation that the most painless way of dealing with complaints is through early and decisive action satisfaction levels of both customers and staff are improved.

If you are interested in being provided with further information on the training courses we have developed and delivered and whether a program could be beneficial for your own organisation, please contact us.

These matters usually have a profile in the media, the resources available to run them are considerable and there are significant intangible factors at play such as the pubic reputations of the various parties involved.

All of these factors make it essential that the parties involved have the experience and expertise required to carry out their required role.

ARC has been retained by insurers and solicitors involved in multi claimant actions to advise on incurred losses, mitigation strategies and general dispute resolution. While effectively executing instructions is a key requirement, it is our experience that it is the “soft skills” that come to the fore.

By this we mean that as there are many individual parties involved, any grievance, misunderstanding or frustration felt by an individual party has the potential to spread amongst many parties and escalate to be rapidly out of control.

It is vital therefore that all claimants have the ability at all times to communicate with some-one that can understand and act on their concerns and be able to provide re-assurance where it is required. While a 100% success rate can never be guaranteed in these matters, most parties will continue to be co-operative and constructive if they perceive that their concerns are being listened to and acted on.

Another key requirement in successfully acting in these matters is possessing the logistical skills to be able to administer and manage the “back office” functions required to effectively run these types of actions. Where the matter is in Court and the possibility exists that admissible evidence and documentation may be required, the back office skills need to operating in a highly professional manner.

The combination of past experience of ARC people and the national network and other resources at their disposal means that ARC has the experience required to be a highly effective member of the team that is required to work on multi-claimant actions.

The industry experience and reference data compiled over many years by ARC people means that we have the capability to assist with the analysing and understanding all aspects of the financial performance of primary industry businesses. The financial performance of any business is the measurement and judgement of the effectiveness of management in utilising available resources and directing the major drivers of the business. ARC people understand what these drivers are and what needs to happen in successful agricultural businesses in order to produce strong financial results.

There are numerous reasons why a financial assessment of a business or project may be required. While the future performance of any business enterprise cannot be known with 100% accuracy, the best indicator of future success is the historical performance of that enterprise. A proper understanding of the factors contributing to historical financial performance can provide an objective basis to attributing a probability to the likelihood of achieving forecast outcomes.

For example, if a loss event is expected to result in losses being incurred over a number of years, a strong indicator as to the quantum of those losses will be provided by the historical performance of that enterprise.

Another situation where financial analysis and assessment may be required is where an enterprise is considering an expansion, acquisition or embarking on a greenfields project. Business shareholders, management and financiers will require information such as capital and operating budgets and cash flow projections in order to understand and assess the feasibility of these strategy alternatives.

If you would like to know further details about PeritusAG’s capabilities and experience in this area and how they may be of assistance, please don’t hesitate to contact us.

While most people in primary industries are aware of the existence of satellite and other imagery, the number of people able to interpret and utilise the imagery and other spatial datasets for commercial purposes is very much smaller.

PeritusAG people have, and continue to develop, expertise in the effective utilisation of satellite imagery. In keeping with the rapid development of this field, PeritusAG people are working in conjunction with overseas based companies that own and operate satellites to develop new and better agricultural applications.

There are many areas where PeritusAG people may be able to assist in utilising satellite and other geoimage information. These include historical and current season yield assessments, historical comparisons of vegetation cover, soil fertility assessments and corrections, revegetation assessment and planning, boundary alignment according to vegetation and soil type.

As this technology develops, new applications are constantly emerging. If you would like to discuss how PeritusAG’s capabilities in this area may be applicable to your own business, please don’t hesitate to contact us.