Seed Trade Association of Arizona

Mediation of seed-related disputes between seedsmen and between seedsmen and farmers is available now through the Arizona Agricultural Mediation Program at Arizona State University East. The program is authorized and partially funded by the Farm Service Agency of the USDA. It has been delegated to ASU by the Arizona Department of Agriculture through a memorandum of agreement.

The STAA advocates that parties in seed disputes in Arizona seriously consider mediation to settle their differences.

What is the Agriculture Mediation Program?

The Agriculture Mediation Program provides trained mediators to resolve agriculture-related disputes and other problems that impact the agricultural community. The program is designed to step into a situation where communication and new alternatives may be needed in an agricultural setting.

What is mediation?

Mediation is a process in which a trained impartial person helps people look at mutual problems, identify and consider options and determine if the parties can agree on a solution.

A critical feature of mediation is confidentiality. Mediation documents cannot be used for any other legal action.

Who is the mediator?

Mediators are individuals who have been certified by the State of Arizona as knowledgeable in a broad range of agricultural situations. Parties in a mediation proceeding select a mutually acceptable mediator from a list of qualified mediators that is supplied by the program administrator. Mediators are specially trained to deal with seed-related disputes.

Where are the mediation sessions held?

Mediators will travel to a location that is agreeable to the parties. Generally, this will be a neutral site.

What is the cost of mediation?

There is a filing fee of $100 per party. Then, the parties share in responsibility for paying the mediator’s fee which is set by the state at $99 per hour. Experience shows that the average cost of a mediation proceeding is less than $1,000, or about $500 each in a two-party proceeding.

Is mediation mandatory and binding?

No and no. Mediation is voluntary by all parties and agreements are non-binding. However, findings in the mediation process are not admissible in a court proceeding.

How to go about establishing mediation.

1. All parties in a dispute must agree to undertake mediation and must file within one year of seed sale or Farm Service Agency statute, whichever applies.

2. The parties contact the mediation office with written request for mediation. They complete a form with a brief description of the dispute. Mediation will start within 15 days of the written request for mediation.

3. The parties agree on a mediator and then meet independently for an open discussion of all issues.

4. A joint session with all parties usually results in a proposed solution. If the solution is mutually agreeable to the parties, the mediator issues a written report detailing the agreement and officially closes the mediation process.

5. Parties who are not satisfied with the outcome can still seek redress in a court.

How to contact the program administrators.