The program provides a neutral mediator who can sit down with the parties or work on the phone to resolve very problematic issues. Instead of years it can take for a case to filter through the courts, mediation generally takes only a few meetings to complete. A critical feature of mediation is confidentiality in working out differences concerning farmers' and ranchers' business operations. Mediation documents are not to be used for any other legal action. This is one of the key requirements for state mediation certification.
Confidentiality is the key to making mediation work.
Actual appropriations have been less than the authorization. Section 282 of the 1994 Reorganization Act expanded the program to include wetland determinations, conservation compliance, agricultural credit, rural water loan programs, grazing on National forest system lands, pesticides, and other issues the Secretary deems appropriate. Section 275 of the Act requires that if a USDA Certified State Mediation Program is available as part of the informal hearing process, the appeal participant will be offered mediation. A mediator has no decision-making authority. Successful mediation is almost always based on the voluntary cooperation and participation of all the parties.