Texas Rising May June 2010 - Web exclusive

We Can Work It Out

Mediation services for agricultural producers

by Bruce Wright

Mediation helps avoid court costs

Texans who work in agriculture know there’s a lot more to farming and ranching than, well, farming and ranching. With crop insurance, price supports and state and federal regulations to be navigated, disputes and legal issues are common – and can be costly and time-consuming.

But a joint state-federal program, Texas Rural Mediation Services (TRMS), can help Texans in the ag business resolve problems quickly and affordably.

Agricultural mediation employs a knowledgeable mediator to help the parties to a dispute reach mutually agreeable solutions without the need for expensive litigation. The federal Agricultural Credit Act of 1987 provided initial funding for state agricultural mediation programs. Today, 32 states including Texas have dispute resolution programs, according to the U.S. Department of Agriculture (USDA).

Since 2000, the Office of Dispute Resolution for Lubbock County has administered TRMS, providing services throughout the state.

“The program originally was designed to focus only on agricultural credit issues,” says Gene Valentini, director of the Office of Dispute Resolution.

“It has since expanded in scope to include rural topics such as private credit issues, water issues, foreclosures and car notes,” he says. “If they involve an ag producer, we can intervene and help the parties address many problems. If the individuals can sit down and work out the details, most of the time we find just the exchange of information, getting the personalities out of the picture, can bring satisfaction to both parties.”

Rural Mediation

Texas Rural Mediation Services, based in Lubbock, can help persons involved in the agricultural industry resolve a wide variety of disputes with cost-effective mediation. Some of the problems they can address include:

  • credit issues, including car, home and land loans and accelerations
  • employee/employer issues
  • family issues, including mediation for divorce, custody issues and planning for elderly parents
  • health care issues, including access to care and billing issues
  • insurance issues
  • landlord/tenant issues
  • neighbor issues, including barking dogs and boundary disputes
  • rural loan, grant and disaster assistance programs
  • school and adolescent issues
  • service and contract issues

Source: Lubbock County Office of Dispute Resolution

To spread the word about TRMS, Lubbock County employees conduct outreach efforts with producer groups and other interested parties.

“For instance, you might not think of contacting veteran’s groups, but there are a lot of veterans in rural areas, and a lot of them are in agriculture,” Valentini says.

The mediation process is well worth the effort, says Keith Davis, a Wellington attorney who often represents farmers and ranchers with crop insurance matters and other issues.

“Normally there’s a fact dispute concerning a crop insurance policy, either with USDA or a private insurer,” Davis says. “It can concern farming methods, planting dates or the interpretation of the policy.”

According to Davis, the cost of TRMS mediation is “very reasonable, and the service is very good. They have well-qualified mediators and arbitrators who are familiar with agricultural disputes, and have good attention to detail. And they’re willing to travel.

“TRMS mediators know the rules you have to follow concerning mediations and arbitration,” Davis says. “The experience factor’s very important.”

For more information or to arrange a presentation on Texas Rural Mediation Services, call toll-free at (866) 329-3522.

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