What is Mediation?
Mediation is a form of dispute resolution where parties meet with a neutral mediator to help guide them toward agreement.
The mediator does not make decisions, they serve only to ensure all avenues to resolution are explored.
The role of the mediator is to facilitate conversation, establish ground rules and make sure that everyone has an opportunity to voice their position.
Why Mediation?
- Parties control the process and the outcome.
- Provides a rapid time frame for decisions.
- Provides an opportunity to avoid costly litigation.
- Provides a confidential forum to discuss complex issues.
- Promotes fair solutions to both sides of the dispute.
- Provides alternative solutions to issues and problems.
- Provides neutral, trained mediators.
Who May Apply for Mediation?
Producers, creditors and other persons involved or affected by an agriculture related dispute.
Who are the Mediators?
All mediators are Montana Department of Agriculture (MDA) employees who have completed mediation training. MDA practices a co-mediation model to ensure a broad range of expertise in the room and to aid in the resolution of disputes.
What Types of Disputes does MDA Mediate?
Any disputes where agriculture is involved can be mediated by the Montana Department of Agriculture. Requests will be considered on a case by case basis.
Disputed Issues may Include:
- USFS grazing permits
- Ag credit
- USDA adverse decisions
- Neighbor / neighbor conflicts
- Ag family estate planning
- Easement / access issues
- Ag business disagreements
- Agriculture related water issues
How does the Process Work?
- The party requesting mediation must submit the Request for Mediation Form to Ag.Mediation@MT.Gov or via mail at:
Ag Mediation Program
PO Box 200201
Helena, MT 59601
- Once the request is received, MDA staff will contact each involved party.
- Either party can accept or reject the request for mediation.
- Once the parties agree to mediation, MDA will assign a mediator, all parties will be notified and a date, time and place will be set for the mediation to take place.
- Plan the whole day for mediation. Some mediations may only take a couple of hours, others may take several days.
- Mediations are voluntary and either party may end the mediation at any time without reaching an agreement.
- Once the parties have reached an agreement, the mediator will draw up the agreement and both parties will sign.
- At the end of each mediation, each party will be invoiced. Payment is expected at the end of the meeting.
What is the Cost of Mediation?
Farm transition mediations will be billed at $25 per hour per party for hours spent in mediation. Mediations regarding USDA adverse decisions will be done free of charge.
If the cost of mediation is not affordable, contact the program manager.
P.O. Box 200201
Helena, MT 59620
Phone: (406) 444-9126
Fax: (406) 444-9442
E-mail: ag.mediation@mt.gov
Ag Mediation Forms & Files
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