OAR 603-075-0045: FARMING PRACTICES MEDIATION

(1) This program is intended for farmer to farmer disputes wherein a person engaged in a farming practice has a reasonable belief that the planting, growing, or harvesting of an agricultural or horticultural commodity on nearby land might interfere with or is interfering with the farming practice, and the person responsible for the planting, growing, or harvesting disputes that it might interfere with or is interfering with the farming practice. (a) If the Department facilitates mediation services for a Farming Practices Mediation; including the collection of fees for the payment of the mediator, such fees may not exceed $2,500; however, the parties and mediator may agree to continue the mediation upon making separate arrangements for the payment of further fees. (b) At the option of the department, fees may be established at an amount reasonably necessary to cover the cost of administration of the mediation program. (c) The party requesting the mediation is responsible for paying the costs and fees unless both parties agree to divide the costs and fees. (d) Unless the parties agree to a shorter time, the mediator shall conduct at least four hours of mediation proceedings to attempt to reach resolution of the dispute. (e) If the initiating party requests and is referred to the USDA mediation program and the other party chooses to have the mediation conducted through the use of the department’s mediation program, the party choosing the ODA program will pay all costs and fees. Per ORS 36.280(2) (2) The coordinator will review mediation service requests to determine eligibility for the program. If a dispute is eligible for the farming practices mediation, the coordinator shall notify the parties or representatives of the parties, that the request is accepted by the Department and forward the written requests for mediation services to the mediation service provider requested; or if appropriate, refer the parties to the United States Department of Agriculture for the purpose of participating in a certified state agricultural mediation program.