The University
of Florida Institute
of Food and Agriculture Sciences (IFAS) operates the
Florida Agricultural Mediation Service. This service is funded
by the United
States Department of Agriculture (USDA). USDA has agreed
to enter mediation to explore all available options to help
agricultural producers, their creditors, and other persons
directly affected by the actions of the USDA to resolve disputes
and reduce costs associated with administrative appeals,
litigation, and bankruptcy.
Mediation is a voluntary confidential process
in which a neutral mediator guides parties who
are involved in a dispute through a thorough discussion of
the issues and helps them identify and carefully consider possible
resolutions.
Mediators do not make any decisions about who is right or wrong,
and they have no authority to require anyone to do anything.
The parties themselves are responsible for devising a resolution
to their dispute and for following through with it. Mediation
is a cost-free mechanism that allows the disputing parties
this opportunity.
Mediation takes time and commitment from all involved.
However, since the parties control the results of mediation
(what is agreed to) there is a potential for greater satisfaction
with the results obtained than is the case for appeals and
litigation.
If you elect to mediate your dispute with USDA,
you do not waive any rights you may have to appeal the decision
of USDA in accordance with the rules and regulations of USDA.
However, if you request an appeal before requesting mediation,
your mediation rights are considered waived.
Mediation is confidential. Subject to certain
exceptions (i.e. expression of intent to commit a crime) no
participant in a mediation conference can be forced to disclose
what occurs during a mediation conference, and a participant
can prohibit another participant from revealing information
disclosed or statements made during mediation. The mediator
cannot be forced to testify as to what occurred during the
mediation.
If you wish to have your dispute with USDA mediated,
you must notify the Florida Agricultural Mediation Service
of your decision in writing no later than 30 days after the
date of the decision which you wish to mediate. You can send
a written request for mediation to:
Florida Agricultural Mediation Service
PO Box 110210
Gainesville, Florida 32611-0210
Telephone: 1-888-712-9421
Telefax: 1-(352) 846-0458
Email: fams@ifas.ufl.edu
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