PA - 1981 October 2008

Confidentiality

Mediation is confidential; only the final 

settlement agreement becomes 

a part of the official record. 

Settlement Agreements

All settlement agreements are signed 

by authorized parties. Once a dispute 

is finalized by a signed settlement 

agreement, participants waive all 

appeal rights to that issue. 

How To Request Mediation

Write a letter to your State 

Conservationist to request mediation. 

Addresses can be found in your local 

phone book or at: www.nrcs.usda.gov

The U.S. Department of Agriculture (USDA) 

prohibits discrimination in all its programs and 

activities on the basis of race, color, national 

origin, age, disability, and where applicable, sex, 

marital status, familial status, parental status, 

religion, sexual orientation, genetic information, 

political beliefs, reprisal, or because all or a part of 

an individual’s income is derived from any public 

assistance program. (Not all prohibited bases apply 

to all programs.) Persons with disabilities who 

require alternative means for communication of 

program information (Braille, large print, audiotape, 

etc.) should contact USDA’s TARGET Center at 

(202) 720-2600 (voice and TDD). To file a complaint 

of discrimination write to USDA, Director, Office 

of Civil Rights, 1400 Independence Avenue, S.W., 

Washington, D.C. 20250-9410 or call (800) 795-

3272 (voice) or (202) 720-6382 (TDD). USDA is an 

equal opportunity provider and employer. 
How Does It Work?

Mediation involves four stages, which 

may take as little as an hour and often 

less than a day:

•	 Introduction

•	 Discussion of issue(s)

•	 Development of options

•	 Agreement (if reached) signed 

in writing

A neutral mediator, either accredited 

or possessing core knowledge and 

training, facilitates all mediations with a 

designated NRCS representative and the 

individual with a dispute. The designated 

NRCS representative is knowledgeable 

about the technical determination or 

program dispute and either will have 

the authority to commit the Agency to a 

settlement agreement or will be a liaison 

to an authorized NRCS decisionmaker. 

Good Faith Participation

By entering into mediation, both 

parties agree to participate in the 

process in “good faith”—with honesty, 

openness and respect for the other. 

NRCS demonstrates “good faith” by: 

•	 Identifying and exploring all 

available resolution options;

•	 Making pertinent NRCS records 

available to the participant for 

review and/or discussion;

•	 Ensuring program participation is 

consistent with legal requirements 

and applicable program policies;

•	 Ensuring resolutions are mutually 

agreed-to and signed by all 

affected parties; and

•	 Responding to and acting on 

dispute resolution proposals in a 

timely manner.

What is Mediation?

The Natural Resources Conservation 

Service (NRCS) of the U.S. Department 

of Agriculture offers mediation for 

individuals with a dispute, such as 

landowners who have been denied 

USDA program benefits due to an 

NRCS technical determination or 

program decision. 

Mediation is a voluntary, fair and 

efficient process for resolving disputes 

in which a mediator helps both 

parties create a mutually agreed-upon 

resolution. Ideally, this cooperative 

approach results in win-win solutions 

and builds a lasting understanding 

and respect between participants.

How Can It Help You?