Agricultural Mediation Clinic

The Agricultural Mediation “AgMed” Clinic was created by the MA Office of Dispute Resolution and Public Collaboration (MODR) in order to respond to the agricultural community’s need for professional mediation, conflict resolution and meeting facilitation services. This clinic was made possible by a grant from the University of MA Boston. Link to Brochure describing Agricultural Clinic (pdf)

The goal MODR’s AgMed Clinic is to support sustainable agriculture in the Commonwealth by helping individuals and organizations engaged in agriculture to come together in a constructive way to resolve their disputes and disagreements. The AgMed Clinic will provide a variety of professional services at no cost to farmers. Some of the services that are offered by the AgMed Clinic are:

Mediation

Mediation is a voluntary, confidential and flexible process in which a neutral third party mediator assists negotiations between two or more disputing parties. Parties in mediation are able to devise creative solutions, often in less time at less cost and with greater satisfaction than through litigation. Equally important benefits of mediation lie in the high quality of settlements and the durability of agreements, which result from the process.

MODR has assembled a small panel of highly trained mediators who have education/background in substantive areas such as agriculture, land use, zoning, and environmental issues. MODR also has mediators available through the clinic who have expertise in resolving family and interpersonal disputes which can arise in the context of the “family farm”.

An example of some of the issues that can be mediated through the AgMed Program are:

• Land use and zoning disputes
• Nuisance disputes with neighbors (noise, smell, traffic, etc.)
• Environmental issues
• Other issues involving farmers or those engaged in agriculture which, if not resolved, threaten the economic viability of the farm

MODR’s AgMed mediators are chosen through a vigorous selection process and are held to the highest ethical standards of practice. Mediators have no decision-making authority. Therefore, if all of the parties do not voluntarily and cooperatively reach an agreement, the mediation is closed and all parties remain free to pursue other legal actions.

There are several benefits to mediation including:

• Mediation is an opportunity for the parties themselves, not a judge to determine the outcome;
• Mediation is an opportunity for the parties to come together to clarify issues and explore options for possible settlement;
• Mediation can usually be done at no cost to the parties;
• Mediation can often help to mend personal and professional relationships;
• Mediation is informal and confidential

Facilitation

Group facilitation is a process in which a person who is acceptable to all members of the group, substantively neutral, and has no decision-making authority intervenes to help a group improve the way this group identifies and solves the problem and makes decisions, in order to increase the group’s effectiveness. Facilitator builds agenda and procedures of meetings so that members, responsible for the decision making, can focus on the content. It is extremely useful when important meetings involving numerous participants are held.

Through the AgMed Clinic, MODR can provide trained, professional facilitators who can work with groups, such as an Agricultural Commission or other town boards, to help plan and organize their work in a collaborative and efficient way. A facilitator can also be utilized to make public meetings and decision making processes go more smoothly. MODR Facilitators are well trained in helping group set an effective agenda, define problems, resolve these problems through brain-storming, and make final decisions by consensus or other agreed upon process.

Training

The AgMed Clinic can also provide low cost or when funding permits, no cost training and skill-building workshops for the agricultural community on a variety of topics including:

• Conflict Resolution & Prevention
• Effective Meeting Management
• Negotiation
• Consensus Building

MODR is fortunate to have a cadre of very experienced dispute resolution professionals and trainers who have particular context area expertise. They can teach farmers and members of the agricultural community how to prevent conflict in their every day life and how to effectively manage and resolve conflict once it has occurred. Our workshops will help participants to learn how to understand conflict, how to listen effectively, deal with anger and emotions, and how to negotiate and craft durable agreement settlements.

Participants have an opportunity to learn real skills that will help them handle conflicts and are able to practice these newly learned skills though role-plays that mirror the conflict situations they face in their daily work. Skill building can focus on a variety of areas, from conflict analysis and prevention, to creative problem solving, to negotiating with challenging personalities.

How to access AgMEd Clinic Services

To access services through MODR’s AgMed Clinic or to refer a matter, please contact:

Loraine M. Della Porta, Clinic Director at: Toll Free 1-888-869-1898 or (617) 287-4040

You may also mail requests to: MODR UMass Boston, 100 Morrissey Boulevard, M-1-627, Boston, MA 02125 or fax requests to (617) 287-4049.

Examples of MODR's Work:

• Workshops on Conflict Resolution and Effective Meeting Management for Agricultural Commissions in southeastern and western Massachusetts

• Communication Workshop for the Department of Agricultural Resources’ Farm Viability Enhancement Program

• Conference Workshops on Negotiation for the South Eastern Massachusetts Agricultural Partnership’s Business to Business Conference and National Organic Farmers Association

• Mediation re Family-owned Orchard - Farm Viability experts discovered that the financial situation of farm that had applied for their program was much more complicated than previously understood, and that the family, who owned the farm, had to make a strategic decision as to how the farm will be managed. Family mediation, requested by Farm Viability, was completed in three sessions. The family agreed to sell the farm, thereby saving their houses from foreclosure.

AGRICULTURAL LINKS
Coalition of Agricultural Mediation Programs: agecon.nmsu.edu/mediation/camp.htm
USDA Farm Service Agency, Agricultural Mediation: www.fsa.usda.gov/pas/publications/facts/html/mediate02.htm
MA Department of Agricultural Resources: mass.gov/agr
The Big E: thebige.com
MA Agricultural Fairs Association: mafa.org
USDA Rural Development: www.rurdev.usda.gov
Farm Bill: www.usda.gov/farmbill
Forestry Programs: stateforesters.org
Natural Resources Conservation Service: www.nrcs.usda.gov/