Note: This is the first of six articles concerning the Idaho Certified Mediation Program to be published over the next few months. Questions about this article or any mediation-related question may be directed to the Idaho Mediation Program Administrator Gayle Cooper at (208) 667-5325.

Mediation, Idaho farmers and the USDA: A partnership for today and tomorrow.

What is mediation and why is it good for Idaho?

The state of Idaho is fortunate to have a Certified State Mediation Program which provides the opportunity for farmers, producers, suppliers and U.S. Department of Agriculture (USDA) officials to meet in a non-adversarial forum to discuss issues of conflict and work through those issues to bring about a resolution that is beneficial to all parties. The Certified Mediation Program is designed to assist the Idaho agriculture industry by facilitating the resolution of any disputes which may arise while avoiding lengthy and costly court battles.

In general, “mediation” is a formal process whereby a trained mediator assists the parties involved in a disagreement to come to a mutually acceptable resolution of their dispute without the cost and complications of legal action. While mediation is used in many situations ranging from child custody to labor disputes, in this series we will be describing the Idaho Certified Mediation Program available to those involved in the agriculture industry. The program is available at no cost to Idaho farmers and producers and is funded by the USDA. This is the first of a series of six articles which are intended to provide information on potential mediation opportunities, to report success stories and to allow for a greater understanding of the process.

What is a mediator and how does the process work?

In Idaho’s agricultural mediation program, all mediations are facilitated by a trained impartial, neutral and acceptable third party who has no authoritative decision-making authority to bring about a mutually acceptable solution to the conflict. In other words, a mediator assists the parties to find a solution but does not, and cannot, dictate that solution.

That definition allows for a clear understanding of four very important aspects of mediation.

1. 1. An intervention into a dispute – There must be a process whereby someone is invited into the dispute to assist in resolution. In Idaho, the request for intervention is as easy as a phone call to the Certified State Mediation administrator.

1. 1. An impartial, neutral and acceptable third party – Herein lies one of the keys for a successful mediation. The mediator must be impartial with no built-in bias toward either party, neutral in the sense that there is no vested interest in any outcome as provided through the process, and acceptable to all parties as someone who knows the process and can use that process to assist in finding a solution to the dispute. The Idaho Certified Mediation Program only uses mediators of the highest training and of the greatest understanding of the process. All mediators in this program have been trained in USDA and farm-related issues.

1. 1. No authoritative decision-making – A certified qualified mediator should not, and will not, tell the parties what will definitely happen in court or in a determining jurisdictional USDA process as to the outcome of the dispute. The mediator’s role is to hold discussions on options, discuss the interests of the parties and to assist the parties in finding a solution. Historically, a mediation session is not one to find a compromise, it is to find a solution.

1. 1. Mutually acceptable solution – No mediation session is designed to provide every party with a solution whereby he/she gets everything they are requesting. A mutually acceptable solution is one that allows all parties to walk away knowing the solution is one they can live with and is mutually agreeable.

Expanded Idaho mediation opportunities

Mediation opportunities for farmers and producers in Idaho are controlled by the latest federal farm bill and special requests from the Idaho Department of Agriculture. As such, those entities allow for mediation in all situations where there has been an adverse decision made by USDA officials, and in any dispute involving a farmer or producer within the business sector or even within families.

The federal farm bill allows for mediation in cases related to pesticides, land lease issues, equipment lease issues, family farm transition, farm neighbor disputes and such other issues as the Security or the head of the Department of Agriculture of each participating state considers appropriate for better serving the agriculture community.

Specific state issues may include, but are not limited to pesticides, organic certification, easements, environmental compliance, contracts, farmers market issues, workplace interaction, water energy, non-grazing forest service permits and specific farm family succession planning.

Using the process 

The process is designed to be user-friendly. Once an adverse decision letter has been received, or in the case of a private dispute the first party in the dispute contacts the Idaho Certified Mediation administrator by phone or letter to request mediation services. From that point forward, the administrator handles all contact with the other party or parties, scheduling of mediation sessions and the selection of the mediator. The location and timing of the mediation will be set for the ease of the participants. The mediation may take place at a USDA office, a business office or community center building in some rural locations of Idaho. Contact scheduling usually occurs within 10 days.

Once the mediation is convened, the mediator will provide a very short introduction to the exact process, and then he or she will turn to the party requesting mediation and ask what is involved in the dispute. The participant will have the opportunity to present what is known as an opening statement. The statement is designed to explain what happened, what the producer would like to see happen going forward and what steps need to be accomplished to bring about a successful conclusion. The mediator will then turn to the other party, usually a USDA representative, to complete the same process. The two statements may be dissimilar in content, but there may be a number of elements that will lead to a successful dispute resolution. The mediator’s role is to assist the parties in finding those elements and to allow for open discussion concerning what a mutually agreed upon conclusion may look like.

Once an agreement has been reached, the mediator will draft a written document to be signed by all parties. The document becomes an official part of the USDA file and is viewed as providing contractual obligations to all parties. For private disputes, the document becomes a new contract. Should those obligations not be followed, all parties maintain the right to request an appeal, seek additional legal remedies or move the dispute to the National Adjudication Division (NAD) of the USDA. Mediation does not preclude the parties from seeking any remedy allowed for under USDA guidelines or Idaho contract law.

Summary

The USDA Certified Mediation Program is ever expanding in Idaho. Farmers and producers from all over the state are invited to learn more about the program’s use, its advantages and its applicability for all farmers.

Next month: Farm succession mediation