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Utah Agricultural Mediation Program
Request for Mediation Form In keeping with the provisions of the Agricultural Credit Act of 1987, Title 5 "State Mediation Programs," the State of Utah has implemented the following voluntary mediation program. Utah Agricultural Mediation Program The Utah Agricultural Medication Program (UAMP) mediates agricultural disputes between farmers and ranchers and USDA 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 UAMP provides a voluntary alternative to litigation, arbitration, or formal appeals through the use of an impartial third party mediator. The mediator facilitates communication and assists the parties in resolving their disputes. Mediation allows disputing parties to discuss options in a controlled setting and provides all parties the opportunity to express their views and provide input toward the solution. The mediation process is an extension of the traditional negotiation process with the addition of a third party to assist in negotiations. About Mediation
What is Mediation? When the bills pile up, so do the misunderstandings between borrower and lender. Mediation brings the disputing parties together in a neutral setting with a trained, impartial mediation to work out a solution where everyone “wins”. Mediation provides a forum for borrowers and creditors to resolve their financial disputes and explore any options that can keep the family farmer in business and keep our rural communities viable. The process promotes calm and rational discussion of the issues to identify goals and options, reduce fault-finding and construct a plan that will benefit borrowers as well as creditors. All participants in the mediation process get to speak and be heard. Mediation is an efficient and economical way to resolve disputes. However, this is a voluntary settlement process. Mediation is not legally binding and the mediator has no power to find fault or impose a particular solution. The goal is to help all parties to reach agreement on an acceptable course of action. Where Does One Go For Mediation? Contact the Utah Agricultural Mediation Program at 1-801-538-7103 to request mediation service. They will contact all of the parties involved to arrange their participation and will help assemble the necessary information. The Utah Agricultural Mediation Program is authorized by the USDA Secretary of Agriculture. The program, certified by the U.S. Department of Agriculture, is administered by the Utah Department of Agriculture and Food. How is Mediation Initiated? The mediation process can be initiated by an agricultural producer that has received an adverse determination from the Farm Service Agency, the Natural Resource and Conservation Service, the National Forest Service, or any agricultural lender, by contacting UAMP. The mediation process used by UAMP can be described by the following steps:
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 forbear or 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. How is Mediation Terminated? What are the Benefits of Mediation? Typically, the mediation process allows for a much quicker resolution of a dispute than litigation. Also, mediation is less expensive than litigation or the formal appeals process. But perhaps most importantly, mediation provides a mechanism for resolving disputes that does not destroy the relationship between disputing parties. The mediation process encourages the participation of the disputing parties in the negotiations process. This is important since the parties are in a position directly communicating their needs from a settlement. Also, the mediator may be able to assist the parties in crafting compromise because information can be furnished in confidence to the mediator by both sides. This allows the disputing parties to reveal to the mediator reasons that a particular offer is not acceptable along with potential ranges for settlement. Agreements reached in mediation typically have a very high rate of compliance. This is because the disputing parties actually participate in the development of the settlement agreement. Most other processes either impose a solution on the parties or very limited participation in the development of an agreement. The benefit derived by the producer is dependant upon the outcome of the mediation process as well as the type of dispute. In credit mediation, if the outcome results in debt restructuring, the borrower maintains his way of life and continues to farm. If the outcome was reached voluntarily and was not imposed. Furthermore, voluntary liquidation often allows the borrower to retain assets that would have been forfeited under a forced liquidation because amounts received for assets under voluntary liquidation are typically much higher than when assets are sold under forced liquidation. Also, the borrower may not be faced with the negative social stigma typically associated with foreclosure or bankruptcy. Outcome that result in voluntary debt settlement or loan restructuring allow the borrower to continue with feasible operations that in turn generate the cash flows necessary for debt service. This results in a performing loan for the lender for the lender that is therefore profitable. If the outcome results in voluntary liquidation, the lender benefit by avoiding time and expense associated with foreclosure. Also, in situations where equity positions are approaching zero or have totally eroded, the lender stands a much greater change of having a debt fully satisfied if liquidation is voluntary. In non-credit disputes, the producer is provided with a mechanism that allows for an inexpensive non-threatening process to resolve a dispute in a timely manner. Mediation provides the producer with a neutral confidential setting where he/she can explain and discuss the nature of the dispute from his/her own standpoint. Furthermore, the mediation process does not pose the intimidation factor that is often present in litigation or appeal. Settlements in mediation help to keep causes out of the USDA appeals process as well as State and District courts. This translates into substantial savings to USDA in the form of administrative costs. However, the greatest benefit derived from mediation is intangible. This is the benefit of improved communication that results in strengthened ties and relationships. This mediation process tends to leave the parties with a greater sense of satisfaction than litigation because the process is designed to increase the understanding of all the parties. What is UAMP’s Role in Mediation? UAMP serves in an impartial third party 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 can not and will not tell the parties 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 insure that all participants in the mediation process are given the opportunity to speak and be heard.
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 meeting in an effort to facilitate the settlement process. The mediator is impartial, knowledgeable in the meditation process, and familiar with agriculture. What is the Utah Agriculture Mediation Program? The Utah Agricultural Mediation Program (UAMP) mediates agricultural disputes between farmers and ranchers and USDA 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 UAMP provides a voluntary alternative to litigation, arbitration, or formal appeals through the use of an impartial third party mediator. The mediator facilitates communication and assists the parties in resolving their disputes. Mediation allows disputing parties to discuss options in a controlled setting and provides all parties the opportunity to express their views and provide input toward the solution. The mediator does not impose his/her own judgment on the issues Facts About USDA Certified State Agricultural Mediation Programs Benefits of Mediation
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Key Components and Issues
Background
Mission Statement The purpose of the Coalition of Agriculture Programs (CAMP) is to serve as a presence and voice for the use of mediation in rural disputes. CAMP serves as a clearinghouse and forum for sharing ideas; examining commonalities and differences; and for enhancing decisions about the conduct of rural mediation programs. Additional Mediation Information
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