Note: For the past five months, Ag Proud – Idaho has published a series of articles concerning the USDA Idaho certified-mediation program directed by the Fulcrum Institute Dispute Resolution Clinic throughout the state. This is the final article of the series. This month’s article attempts to have a bit of fun with a short true-false quiz (complete with a prize) about the mediation program, and it provides a brief recap of the major points provided through previous articles.

Agricultural mediation and the state of Idaho

The state of Idaho is one of 43 states nationwide hosting a USDA program that provides the opportunity for farmers, producers and suppliers to meet with USDA officials in a non-adversarial forum to discuss issues of conflict, and work through those issues to bring about a resolution beneficial to all parties. In Idaho’s agricultural mediation program, all mediations are facilitated by a trained impartial, neutral and acceptable third party at no cost to the user. An important component to this process is the fact that the mediator has no decision-making authority and will not attempt to dictate a solution, but will work with both sides to assist them in resolving the conflict to their own mutual satisfaction.

The process is designed to be user-friendly. Once an adverse decision letter has been received, the producer (or the first party in the dispute) contacts the Idaho certified mediation administrator by phone or letter to request mediation services. The administrator handles all contact with the other parties, schedules the mediation sessions and the selection of the mediator. Once an agreement has been reached, the mediator drafts the written document to be signed by the parties. Once signed, 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.

Farm succession mediation

One of the fastest-growing areas of agricultural mediation is the resolution of farm succession within a family. The issues leading to farm succession disputes break down into different ideas of goals, styles, resources and values among family members. Those are compounded by the overlapping systems of family versus business. A farm succession plan must balance those two systems and allow both the farm business and the family structure to continue successfully into the next generation.

Farm business succession planning doesn’t just happen. Producers must intentionally focus on developing a specific plan for the future of the farm. This is best done by working with a team of professionals coordinated by one individual. An overriding issue often leading to conflict within the family is the concept of judging what is “fair” and what is “equal.” “Equal distribution” places an emphasis on treating everyone the same. “Fair distribution” focuses on the perception that the transfer of property should be made on a just basis. Research indicates that higher levels of family conflict usually occur when siblings have different concepts of fairness.

Grazing permit mediation

Grazing permit mediation is designed to assist producers who have questions about their grazing permits such as: how permits are being changed, what the enforcement requirements by the Bureau of Land Management are, questions on how grazing rights are acquired, determining how many cattle may be on Forest Service land, what property upgrades should be made and how all entities can work together.

Many producers may not be aware that the current USDA farm bill provides for the use of the mediation process to resolve conflicts regarding grazing permits. Specifically, the farm bill mandates that Forest Service officials work directly with producers to provide a non-adversarial solution to key grazing permit issues between the U.S. Forest Service and livestock producers.

Adverse determination letters

Adverse determination letters are issued by the local county committee (COC) of the State Farm Services Agency following a review of a producer’s compliance with the terms of their USDA contractual obligations and identifying an area that appears to be non-compliant. The letter will detail the explicit background of the situation. The letter will contain specific identified policy statements, regulation numbers and violation identification. The letter will also note that the COC reviewed this matter at a recent county committee meeting and the committee voted to find the producer in non-compliance and subsequently instructed the local office to send the letter.

Once received, the producer may appeal the determination through three different options, starting with the possibility for a reconsideration by the county committee. Mediation may be sought at the county level or the state level, or producers may go to the National Appeals Division (NAD) through a formal appeal process. Whereas the mediation process may be started by a phone call, all NAD appeals must be in writing. There are timing deadlines for all appeals at any level. Timelines must be followed at all levels to avoid the possibility the appeal or the request for mediation will be denied.

Current farm bill

Mediation access to agricultural disputes is governed by the federal farm bill, which is updated annually and currently outlines 14 different types of potential mediation cases. Historically, each new farm bill has expanded the opportunities for mediation through the certified state mediation program. In Idaho, the program is operated by the Fulcrum Institute Dispute Resolution Clinic. The administrator is Gayle Cooper, who can be reached at (208) 667-5325. There is no cost to Idaho producers to participate in the program as the program represents the first step in resolving any dispute covered through the USDA program.

Quiz (answers are true or false)

1. Idaho’s program is one of many USDA-certified agricultural mediation programs. (True/False)
2. There is a cost to producers in Idaho to participate in the program. (True/False)
3. A mediator has no decision-making authority. (True/False)
4. Mediation must be asked for in writing. (True/False)
5. There is a difference between family members defining the terms equal and fair. (True/False)
6. Farm succession planning is not important for today’s Idaho producers. (True/False)
7. Grazing permit mediation may discuss grazing dates and the number of livestock. (True/False)
8. An individual requesting a grazing permit does not have to be a U.S. citizen. (True/False)
9. Adverse determination letters are normally sent by mail. (True/False)
10. Adverse determination letters are issued directly by the national office. (True/False)
11. Rural housing and business loans are eligible for mediation in the state of Idaho. (True/False)
12. The list of covered cases is provided each year by the president of the United States. (True/False)

Answers/prizes