Guiding Principles in Negotiation
In negotiations, involve all active commoners if at all possible; if not then assess the risk of non-signatories upsetting the agreement.
Involve the owner of the common at an early stage. They will need to consent to the common entering the scheme and may wish to be involved.
The use of an independent experienced negotiator can be useful in achieving an agreement as they have no vested interests and parties can speak in confidence to them.
If relevant, include sheep, cattle and horses/pony rights in the calculations of present and future stocking densities.
Be flexible – commoners have a range of farming objectives - and a flexible approach may break a stalemate.
Look closely at the implications of the agreement on flock management, including hefting, encroachment, supplementary feeding and numbers of twin bearing ewes. See Practical Implications of Management Change for further advice.
Assess whether the common consists of a separate grazing unit and, if not, investigate whether neighbouring commons could be involved in the same agreement to reduce the risk of stock encroachment and movement of hefting boundaries.
Make sure enough off-wintering is available if required.
For tenant commoners, ensure landlord-tenant issues are discussed; ask if the landlord’s flock can be reduced so the tenant’s capital is maintained.
Have a watertight internal agreement between commoners so an agreed method of resolution exists should problems arise. It is advisable this is signed as a deed with legal advice. For more information about internal agreements, click here.
Maximise benefits by approaching the owner of the common to see if they will top up payments (although the owner may wish for something in return, e.g. the graziers to participate in a tick control programme for the benefit of grouse).