Mediation can be requested by any affected
party at any time, but it usually takes place after a USDA official advises
the USDA customer that mediation is available before formal adverse action.
Within a 30-day period from the issuance of an adverse letter, the USDA
customer may file an appeal notice with that agency that further requests
access to the mediation program. It is not necessary that an adverse
decision by a USDA agency be made prior to requesting mediation. In fact,
mediation may be more successful if requested earlier while more options are
still available. Each party participating in mediation will be charged
$25.00 per hour for time spent in the mediation session. The fee has been
set to cover a portion of the cost associated with the program and is not
intended to exclude anyone from the process. If mediation is requested, the
Nevada Agricultural Mediation officials can suggest steps that participants
should take to prepare for the process. Mediation is confidential and the
documents are not used for any other legal action against the participants.
Once a mediator is selected, all potential participants are advised that a
mediation process is underway. If a meeting is scheduled, the parties are
informed of the time, place, and nature of the mediation process.
In a typical case, the initial session will
be conducted within 45 days of receipt of a completed application form by
the Nevada Agricultural Mediation Program. A final report will be filed with
all parties to the mediation within 75 days, as the entire process cannot
extend for a longer period without consent of all parties.
Due to regulations adopted by the US Forest
Service, the entire mediation process conducted with the Forest Service must
be completed within 45 days of a completed mediation application. Typically,
mediation with the Forest Service begins with submission of a written appeal
notice from the grazing permittee to the Forest Service. Upon submittal of
this notice, the permittee should complete the application for mediation as
described below.
Once an agreement is reached, the mediator
makes sure that it is in writing, is signed, and made available to all
participants. If an agreement is not reached, the case is closed, all
parties are advised of the outcome, and all remain free to pursue other
legal courses. Mediation does not favor one side or the other, but helps
both consider their situation. The main idea is to provide a low-cost
alternative to expensive, lengthy litigation or bankruptcy.
