What is mediation?

Mediation is a voluntary, confidential process in 

which a trained, impartial person helps people 

examine their mutual problems, identify and 

consider options and carefully consider possible 

resolutions. A mediator has no decision-making 

authority. Unlike a judge or an arbitrator, a 

mediator does not decide what is “right” or 

force a decision on either party. 

What happens in mediation?

The mediation process focuses on the problem, not 

the people or their positions. It provides a neutral 

setting with a trained PACA mediator who enables 

all parties to work out a solution that meets the 

interests of both sides. Each party is given the 

opportunity to explain his/her point of view, what 

the dispute is about, what the issues are, and how 

he/she would like to see the situation resolved. 

After each side has presented information, the 

mediator clarifies the issues in neutral language that 

focuses on the issues, not the people involved. The 

process promotes calm and rational discussion in 

order to identify goals and construct a plan that 

will benefit all parties.

What are the benefits of mediation? 

The mediation process provides a non-threatening, 

informal procedure as an initial step in resolving 

conflicts. Mediation provides the following benefits: 

n Participants control the outcome 

n Mediation is forward-looking 

n Mediation can preserve and strengthen 

business relationships 

n Mediation is creative 

n Mediation is confidential 

n Mediation can be fast 

n Mediation is likely to be successful

Where are mediations held?

Mediations can be conducted through a telephone 

conference call, or in a face-to-face meeting held in 

a location acceptable to both parties.

How long does mediation take?

Because mediation is a flexible process, it resolves 

disputes quickly and efficiently. The process usually 

takes 30 to 45 days from the time that mediation 

is requested until an agreement is reached. A 

mediation session can take an hour or multiple 

days, depending on the complexity of the issues to 

be resolved.

What is the outcome of mediation?

Participation in mediation is voluntary and no 

one is forced to reach an agreement or to accept 

particular settlement terms. Mediators 

help the parties develop and agree 

upon a realistic, workable solution to 

their problem based on their needs 

and interests. If parties come to an 

agreement, the agreement is written 

down in clear, specific language which 

all parties sign. If no agreement is 

reached, the parties “agree to disagree” 

and mediation is closed. If no 

agreement is reached, all administrative 

and other remedies remain. Because 

the mediation process is confidential, 

discussions with the mediator and 

other parties cannot be used for other 

purposes as defined by the courts. 

How much does mediation 

cost?

Other than the initial $100 required 

for filing an informal complaint with 

the PACA Branch, mediation is a free 

service. There may be costs associated 

with a mediation session, such as 

when outside experts are used by the 

mediating parties, or when other 

services are required to resolve a dispute, 

but generally there is no cost for the 

mediation service 

itself.

PACA Mediation Services
The U.S. Department of Agriculture (USDA) prohibits discrimination 

in all of 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, political beliefs, 

genetic information, reprisal, or because all or 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, Assistant Secretary 

for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 

Independence Avenue, S.W., Stop 9410, Washington, DC 20250-9410, 

or call toll-free at (866) 632-9992 (English) or (800) 877-8339 (TDD) 

or (866) 377-8642 (English Federal-relay) or (800) 845-6136 (Spanish 

Federal-relay). USDA is an equal opportunity provider and employer.

April 2011

United States Department of Agriculture

Agricultural Marketing Service

PACA

Mediation

Services

PACA

Mediation

Services

How do I request mediation?

You may request mediation when you file a 

complaint under the PACA, or when you receive 

notice that a claim has been filed against you, or 

at any time thereafter, up to the time a formal 

complaint has been referred to PACA Branch 

headquarters for a formal ruling. If you want to 

request mediation or have questions about our 

mediation services, please call our toll-free number: 

800-495-7222.

United States Department of Agriculture

Agricultural Marketing Service