There is no provision for appeal if the Claims Facilitator rejects the claim based on inadequate documentation of filing a complaint. The Claims Facilitator may ask the adjudicator or arbitrator to decide if they are unable to determine eligibility. The election of Track A or Track B is irrevocable and the parties agree to accept whatever decision the adjudicator or arbitrator may make, and to forever forgo any other appeal or action on their case. The class notice and other documents, which are available from the Claims Facilitator, contain complete requirements to document eligibility for the class, and the details of the two settlement options summarized below. Recognizing that much time has passed and evidence is unavailable, the settlement includes this option which uses a lower standard of proof in return for a more limited settlement amount and a quick decision process.
Farmers submit written documentation which is review by an adjudicator.
The farmer agrees at the outside to accept the decision of the adjudicator and waive any right to future action. There is no right to appeal a finding of no discrimination by the adjudicator. The evidence they present must also meet a higher standard of proof. Track B cases will be decided by an arbitrator at a hearing in which evidence is heard from both sides. The decision of the arbitrator is final.