Agricultural Mediation
In keeping with the provisions of the Agricultural Credit Act of 1987, Title 5 “State Mediation Programs,” the State of Utah has implemented a voluntary mediation program, the Utah Agricultural Mediation Program (UAMP).
UAMP can mediate agricultural disputes between farmers and ranchers throughout the State of Utah. The program is administered by the Utah Department of Agriculture and Food and has been certified by the U.S. Department of Agriculture.
The following types of issues can be mediated by the UAMP
- Agricultural loans, regardless of whether the loans are made or guaranteed by USDA or made by a third party.
- Wetland determinations.
- Compliance with farm programs, conservation programs, and the National Organic Program established under the Organic Foods ProductionAct of 1990.
- Rural water loan programs.
- Grazing on National Forest System lands.
- Pesticides.
- Lease issues, including land leases and equipment leases.
- Family farm transition.
- Farmer-neighbor disputes.
- Other issues as either the Secretary or the head of the Agriculture Department of each participating state consider appropriate for better serving the agricultural community and persons eligible for mediation
In addition, Certified Mediation Programs may provide credit counseling prior to the initiation of any mediation involving the USDA or unrelated to any ongoing dispute or mediation in which USDA is a party.
The UAMP provides a voluntary alternative to litigation, arbitration, or formal appeals through the use of an impartial third party mediator. UAMP serves in an impartial third party mediator role to ensure that the mediation process moves forward in a fair and orderly manner. UAMP can advise, counsel, and assist the parties in their efforts to reach a mutually agreeable solution: but UAMP cannot and will not tell any party how they should conduct their business or personal affairs. Nor can UAMP impose any particular agreement on the parties. Instead, it is UAMP’s responsibility to ensure that all participants in the mediation process are given the opportunity to speak and be heard. Specifically, an UMAP mediator may:
- help define the issues
- emphasize common goals
- keep negotiations focused
- facilitate the development and discussion of options
- reduce fault-finding
Mediators that represent none of the parties are assigned in each case to preside at a meeting of the disputing parties. In mediation, the mediator acts as a neutral facilitator and aids the parties in generating and evaluating options. The mediator may caucus (i.e., communicate privately) with any of the parties, before, during, or after the mediation in an effort to facilitate the settlement process.
The mediator is impartial, knowledgeable in the meditation process, and familiar with agriculture.
Mediation Steps
- Initial contact with parties
- Selecting a strategy to guide mediation
- Collecting background information
- Scheduling the mediation at a time and place agreed on by the parties (virtually or in person)
- Designing a plan for mediation
- Building trust and cooperation
- Beginning the mediation session
- Defining issues and setting an agenda
- Uncovering hidden interest of the parties
- Generating options for settlement
- Assessing options
- Final bargaining
- Formal settlement-signing of a mediation agreement
Utah is a “voluntary” mediation state, which means that mediation will not take place unless all necessary parties agree to mediate the dispute. When a written request for mediation services is received by the UAMP, the other parties who are necessary in order to achieve a settlement are contacted to secure their agreement to participate. The agreement of a party to participate in the mediation process normally implies an agreement to abstain from taking adverse legal actions during the time the case is in mediation. If the other necessary parties do not agree to participate or do not respond within the allotted time, the requesting party will be notified that mediation has been declined.
The mediation process is terminated when a mutually agreeable settlement is reached by the parties. However, in keeping with the voluntary nature of the mediation process in Utah, the requesting party may terminate the mediation process at any time, with or without cause, by written notification to UAMP. UAMP may terminate the mediation process when a party fails to respond within 15 days to request for information or offer of settlement. Likewise, UAMP may terminate the mediation process at any time if it is determined that further efforts at mediation are no longer worthwhile.
Benefits of Mediation
- Typically allows quicker resolution of a dispute than litigation.
- Less expensive than litigation or the formal appeals process
- Provides a mechanism for resolving disputes that does not destroy the relationship between disputing parties.
- Parties participate in the development of the settlement agreement
- Parties are in a position directly communicating their needs from a settlement
- The mediator assists parties in crafting a compromise through confidential conversations
- Agreements reached in mediation typically have a very high rate of compliance
- Allows different types of disputes to be settles
- Credit mediation
- Non-credit disputes
- Helps to keep causes out of the USDA appeals process as well as State and District courts.
- Improved communication that results in strengthened ties and relationships.
- A greater sense of satisfaction than litigation because the process is designed to increase the understanding of all the parties