• A dairy farmer and his neighbor were surprised that they were able to reach some decisions together and end their battle over manure storage and spreading.  The neighbor had complained to the police, several town officials, and the DEC.  After a two hour mediation the farmer agreed to give notice and change the timing of his manure spreading and other farm practices; the neighbor gained an understanding of farm work and practices, economic pressures, and his contributions to the community. 
   
• A couple who own a greenhouse and farm stand business decided to separate and, eventually, they will probably divorce.  Although feelings run high at times, both are committed to their three children, and want to avoid the high costs and horror stories they hear about litigated divorce.  They discover that they can talk more calmly and productively with their mediator, work together to get the advice they need from financial, legal and other advisors, and make workable plans for their family and business. 
     
• A farmer leased 200 acres to give his parents some cash and security, and later subleased them to a neighbor.  In applying for a new FSA loan, he realized the full extent of the family debt crisis.  After an initial adverse decision, he met with the loan officer, local bank manager, Farm Bureau advisors, and family members (who had serious disagreements) and a mediator.  After a couple of meetings, the family realized they would have to work together to keep the farm, and were able to work out a plan to restructure the debts.   
  Local mediators are available to help farmers, other agricultural producers, and members of the agricultural community to resolve problems promptly and conveniently, without involving outside authorities.  Mediators assist people in resolving disagreements by themselves; it is often more effective, less stressful and less costly than court or other formal proceedings. 

Mediation is voluntary, flexible, and confidential.  Mediators are neutral; they do not take sides or make decisions for the participants.  Mediators do not give legal advice, but they help people communicate better, consider options, negotiate fairly, and reach informed and workable solutions that fit their own situations. 

What types of problems can be mediated under NYSAMP?

• Agricultural mediation has helped resolve problems of all sizes for farms of all sizes, including:
• Loans or debts
• Right to farm complaints
• Neighbor complaints
• Labor problems
• Landlord/tenant 
• USDA appeals

Mediation is also useful to farm families facing difficulties or planning needs involving:

• Separation and divorce
• Siblings/ in-law out-law
• Finance and business planning
• Elder care and planning
• Unpaid bills/ loan restructuring
• Small claims and credit
• Family farm succession and transfers

There are many situations in which mediation can be useful.  Your local NYSAMP affiliate may have additional or different services available to you.

The USDA has recognized the right of farmers and producers to use mediation to appeal an adverse determination: 

• Agricultural loans and loan-servicing, including FSA loans
• Rural Development loan and loan servicing, including single and multifamily housing
• Wetland determinations
• Grazing on national forest
• System lands
• Conservation compliance
• Crop insurance
• Pesticide applications 
• Other agriculture-related topics. 

Who are the mediators?
The mediators are assigned by the Community Dispute Resolution Center (CDRC) in your county. Mediators have different backgrounds, and all have been trained and approved by the CDRC and the NYS Unified Court System.  Additional specialized training and experience is required for community mediators to qualify for the state panel of USDA mediations. 

Does this cost anything?
Since 2001, NYSDRA has received USDA funding from the USDA and NYS Unified Court System to provide mediation services.  There is no charge for most NYSAMP mediations.

Does mediation work? 
Mediation almost always helps people communicate more clearly, understand each other better, and to develop and consider options that they may not have thought about before.  Research suggests that mediation results in agreements in at least 70-80% of the time.  Even if mediation does not result in complete agreements, most participants say that the process has helped them understand each other and the problem better, and to avoid the added problems of escalating conflict. 

How do I get more information about this process?
If you are interested in obtaining mediation services to help resolve the kinds of problems listed above, please contact your local CDRC, call the NYSAMP toll free number (866-669-7267) or email the NYSAMP Manager: charlotte@nysdra.org


Additional Resources:
NYSAMP Website - Coming Soon
New York FarmNet 
New York Farm Bureau 
NYS Department of Agriculture and Markets 
Cornell Cooperative Extension
Find a local CDRC - Community Dispute Resolution Center

USDA Offices and Mediation:
Farm Services Agency
Rural Development
Natural Resources Conservation Service