Plain Text Law

Title 15 — Subtitle 09. Farm Sense—Agricultural Mediation Program

Chapter 01. General Regulations

Regulation .01 Scope.Copy Citation

A.
This chapter describes the policies and procedures for the Department's administration of the Farm Sense Agricultural Mediation Program.
B.
This Program is intended to provide persons and government agencies with a voluntary and low-cost process for settling agriculturally related disputes.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means Maryland Department of Agriculture.
(2)
“Mediation” means a voluntary process under the Farm Sense Agricultural Mediation Program in which a mediator assists in the resolution of agriculturally related disputes involving persons, government agencies, or both, in a confidential and nonadversarial setting.
(3)
“Mediation coordinator” means the individual or individuals responsible for the administration, reporting, and oversight of the Farm Sense Agricultural Mediation Program.
(4)
“Mediator” means an impartial individual who:
(a)
Is trained to assist participants in finding mutually acceptable solutions to shared problems; and
(b)
Has no authority to impose a solution.
(5)
“Producer” means a person who:
(a)
Grows or produces food, fiber, planting material, or feed; or
(b)
Breeds, stables, or raises livestock, equine, or ratites.
(6)
“USDA” means the United States Department of Agriculture.

Regulation .03 Who May Apply.Copy Citation

A.
At least one of the parties participating in mediation shall be a:
(1)
Maryland agricultural producer;
(2)
Creditor of a Maryland agricultural producer; or
(3)
Person directly affected by the actions of the Department or the USDA.
B.
All requests for mediation shall be considered by the Department. Participants in mediation shall:
(1)
Express an interest in developing a mutually agreeable and durable solution; and
(2)
Have the authority to make decisions for themselves individually or for the organizations they represent.

Regulation .04 Mediator Qualifications.Copy Citation

To act as a mediator, a mediator shall:
A.
Complete a 40-hour basic mediation training course;
B.
Maintain mediator liability insurance; and
C.
Agree to comply with continuing training and evaluation requirements as determined by the Department.

Regulation .05 Application and Eligibility.Copy Citation

A.
A person interested in receiving mediation services shall submit a written request to the Department. This request shall contain the following:
(1)
Name and contact information of the requesting party;
(2)
Contact information for other parties involved; and
(3)
A brief description of the issues to be addressed during mediation.
B.
After initial consultation with all necessary parties, the mediation coordinator shall determine if the parties and issues for discussion are eligible for mediation. Factors the mediation coordinator shall consider include:
(1)
The authority of each party to finalize an agreement, if a resolution is reached during the mediation process;
(2)
The existence of issues involving violence or likely to give rise to violence;
(3)
A conflict of interest between the Department and any party;
(4)
Any other reason as determined by the mediation coordinator; and
(5)
Whether the issues surrounding the request for mediation meet the criteria of 7 CFR §785.2 of the USDA's Certified Mediation Program guidelines.
C.
Upon the mediation coordinator's determination that each party is eligible for mediation, a form shall be sent to each party. The form shall be completed and returned to the Department before mediation. If a party declines to participate in mediation, the mediation coordinator shall inform all other parties within 5 business days.
D.
If all parties agree to mediation, the mediation coordinator shall arrange for an appropriate location, time, and mediator within 45 days of the mediation request.
E.
All individuals present at the mediation, including the parties, the mediator, and any observers, shall sign an “Agreement to Begin Voluntary Mediation”. The mediation process may not begin if an individual present does not sign the agreement.

Regulation .06 Fees.Copy Citation

A.
The fee for each participant in a mediation session is $50. This fee shall be paid to the mediator at the beginning of a session. Additional fees may be required for multiple sessions.
B.
The mediation fee may be waived for good cause shown.

Regulation .07 Conclusion of Mediation Session.Copy Citation

A.
Any agreement reached by all parties shall be voluntary. Any signed agreement is legally binding on all signatories to the extent that any signed agreement is contractually binding.
B.
If the parties fail to reach an agreement, the mediator shall indicate this decision on a form. The form shall be signed by all parties.

Regulation .08 Confidentiality.Copy Citation

A.
Mediation shall be confidential pursuant to the terms of the Federal Dispute Resolution Act, 5 U.S.C. §574.
B.
In addition to the exceptions in 5 U.S.C. §574, a mediator may disclose information conveyed during the mediation that indicates:
(1)
Intent to commit a crime;
(2)
Intent to inflict bodily harm on another; or
(3)
A threat to the safety of a child.
C.
Documents. Except for purposes of meeting reporting and evaluation requirements of the USDA Mediation Program, the Department shall maintain the confidentiality of all mediation records.