What is Mediation?
The mediation process is designed to assist farmers, agricultural lenders and USDA agencies to resolve disputes in a confidential and non-adversarial setting outside the traditional legal process.
Mediation is a voluntary, confidential process in which a neutral third party (the mediator) helps those in conflict identify issues, options and possible solutions. A mediator does not make a determination nor a judgment of who is right or wrong. The mediator is there to facilitate open, frank discussion of the issues. The participants are encouraged to discuss all issues, options and possible solutions. A successful mediation is almost always based on the voluntary cooperation and participation of all the parties.
KAMS' support services contribute to successful mediations. Parties participating in mediation who understand their legal rights and obligations, have taken the time to explore financial options, and have satisfactorily prepared often have a more positive outcome. KAMS refers producers to the KSRE Farm Analyst Program and Kansas Legal Services as part of the mediation process.
Why Participate in Mediation?
• Maintains confidentiality
• Restores communication and fosters important business relationships
• Allows the parties to reach their own mutually acceptable solutions
• Provides a time-saving, affordable alternative to appeals and litigation
• Provides a neutral setting in which to openly discuss sensitive issues