Kansas Agricultural Mediation Services
What is Agricultural 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 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.

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 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

MEDIATION: A process used to bring about an agreement or solution between two or more parties or people.
 
 
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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 mediation can be admissible in any later administrative or judicial proceeding.