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Kansas Agricultural Mediation Services
2-A Edwards Hall
Kansas State University
Manhattan KS 66506-4806
l-800-321-3276
Fax: 785-532-6532
Administrative phone: 785-532-6958
The KAMS toll-free hotline is
answered by trained professionals who provide CONFIDENTIAL
assistance for the Kansas agricultural community.
Our Staff:
Forrest Buhler, Staff Attorney
fbuhler@k-state.edu
Phone: 785-532-6957
Char Henton, Mediation Coordinator
char@ksu.edu
Phone: 785-532-6954
Becky J. O'Donnell, Extension Assistant
bodonnel@k-state.edu
Phone: 785-532-6958
Links:
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Kansas Agricultural Mediation Services
(KAMS) has been the officially certified agricultural mediation program for Kansas since
1988. KAMS is funded through a United States Department of Agriculture (USDA) grant
program and administered by K-State Research and Extension. Kansas along with more than 20
agricultural states make up the Coalition of Agriculture Mediation Programs (CAMP). KAMS
specialists provide initial information and guidance at no cost through a toll-free
hotline (l-800-321-3276). A state-wide network of cooperating agencies and programs
includes a pool of trained agricultural mediators, K-State Research and Extension
financial consultants and Kansas Legal Services (KLS). The program's goal is to help
resolve conflicts and disputes using mediation.
- Providing alternative dispute resolution opportunities for Kansas agricultural borrowers
and creditors.
- Providing dispute resolution for farmers with non-credit issues concerning other USDA
agencies (FSA, NRCS, FCI).
- Helping Kansas farmers facing financial adversity through the mediation process.
- Revitalizing the economic base of rural communities.
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What is Mediation?
The mediation process is designed to assist farmers, agricultural lenders and USDA
agencies
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 identity 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.
Who May Request Mediation?
Ag Credit Mediations. A mediation involving an ag credit issue may be requested
by any Kansas agricultural borrower or creditor. Typical creditors include banks,
suppliers, coops, implement dealers, Farm Credit Services, and the Farm Service Agency
(FSA).
USDA Adverse Decision Mediations. Any Kansas agricultural producer who receives an
"adverse decision" from a USDA agency will be given the option to request
mediation as alternative to a formal appeal of that decision.
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When Can Mediation Be Requested?
Ag Credit Mediations. In an ag credit situation, mediation
may be requested at any time. Typically, it is requested after a creditor (bank, supplier,
co-op, implement dealer, etc.) advises the farmer that a loan or account is delinquent.
More specifically, mediation is a formal step in the FSA's loan restructuring process if a
borrower's request to restructure a direct Farmer Program loan(s) is denied.
_ USDA Adverse Decision Mediations. Mediation also may be requested when USDA sends
written notice to a producer that an adverse decision has been made with respect to the
producer's participation in a USDA program. As an alternative to a formal appeal,
mediation must be requested within certain time limits stated in the written notice as an
alternative to a formal appeal.
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Support Services Available to Help Prepare for Mediation
Low-cost financial counseling and legal assistance can be provided to Kansas producers
who request service through KAMS. These services are designed to assist participants in
preparing for mediation. Preparation of participants is a key element for mediation to be
successfbl in resolving a dispute. The financial and legal services include the following:
Agricultural Financial Counseling. KAMS works with K-State Research and
Extension to provide farm financial analysts who work with the farm family to analyze the
profitability of the farm or ranch operation and develop options and alternative plans for
the farm business to present at the mediation.
Legal Assistance. KAMS has an agreement with Kansas Legal Services, Inc., (KLS)
toprovide direct legal representation to Kansas farmers and ranchers on a reduced-fee
basis, depending on that person's level of income. KLS has regional offices throughout the
state. Attorneys in these offices help clients understand the laws and regulations
governing the issue involved in the mediation, as well as their rights and options.
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What Is the Cost of Mediation?
- Ag credit mediations are free to all Kansas agricultural borrowers and creditors.
- For non-credit mediations involving USDA adverse decisions, there is a modest
administrative fee plus the cost of the mediator, who is paid an hourly rate for time
spent at the media tion session. Both the agency and the agricultural producer involved
share equally in the cost of a non-credit mediation. A full or partial waiver of the
mediator fee may be granted to producers who meet certain income criteria.
- If participants wish to engage additional legal or financial advisors, they will be
responsible for the cost of such advisors.
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
Confidentiality
The mediation process allows the parties to speak openly about the issues in a
confidential manner. Kansas law provides, with some limitations, that mediations are
confidential and privileged. None of the parties to a mediation can subpoena the mediator,
and nothing specific to the mediation can be admissible in any later administrative or
judicial proceeding.
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