12.3 Agricultural Mediation Programs

The Secretary of Agriculture was authorized to assist states in the development of USDA Certified Agricultural Mediation Programs under Section 502 of the Agricultural Credit Act of 1987.

Recognizing the efficiency and effectiveness of the Certified Agricultural Mediation Programs, Congress enacted Section 292 of the Federal Crop Insurance Reform and the Department of Agriculture Reorganization Act of 1994 which authorized the expansion of these programs to include, in addition to agricultural credit, the following areas: wetlands, rural water loan programs, grazing on national forest system lands, pesticides, compliance with farm programs including conservation programs, and other issues the Secretary deems appropriate.

The 106th Congress reauthorized the Certified Agricultural Mediation Program through 2005 by enacting Section 306 of the Grain Standards and Warehouse Improvement Act of 2000. The legislation also clarified the use of federal mediation grants for financial advisory and counseling services for parties requesting mediation. The program is currently authorized through 2010 and is administered by the Farm Service Agency Outreach Program.

NASDA believes that funding of State Certified Agricultural Mediation Programs is as important as ever. As federal budget constraints continue to reduce funds for numerous agricultural programs, there will be fewer dollars available for farm families. These reductions will increase levels of frustration, anger, and fear experienced by these families whose resources are already stretched, creating additional demands for a positive alternative to resolving disputes with the USDA. In addition, federal mediation funding levels have been inadequate to meet the demands of the increasing number of state programs.

NASDA supports the expansion of state mediation programs and urges the Secretary to authorize all agricultural disputes approved by individual state mediation programs as eligible under the USDA grant program.

NASDA supports the expeditious issuance of regulations requiring USDA agencies to offer mediation in cases where adverse decisions are made, and to attend and participate in mediation if requested by producers or USDA customers. Regulations should also include a definition of mediation which provides maximum state program flexibility as intended by Congress. Confidentiality of the mediation process should be maintained. For audit/evaluation purposes, NASDA believes that auditors, including the Office of Inspector General, be limited to using confidential mediation information only for the purpose of verifying the appropriate expenditures of funds used for mediation and/or evaluating the effectiveness of the program. Confidential mediation information obtained through such audits/evaluations should not be used for any other purpose unless all mediation participants consent to it.