USDA Certified Mediation Program — Farm Dispute Resolution

A Resource Most Farm Families Never Hear About

The USDA Certified State Mediation Program operates through participating state programs; not every state has a certified program. Under the Agricultural Credit Act of 1987, as amended, USDA's Farm Service Agency makes grants to state-designated entities that meet certification standards. Programs may charge a nominal fee, and mediation arranged in a state without a certified program may also involve fees.

During estate settlement — when siblings are arguing over land, the FSA is questioning program eligibility, or a lender is threatening foreclosure — mediation can resolve issues in weeks that would take years in court. And unlike litigation, mediation keeps the family's financial details private.

What the Program Covers

The Farm Service Agency lists mediation for issues including:

• USDA program participation: FSA farm loans and program decisions, conservation, grazing, wetlands, and crop insurance issues
• Agricultural credit: Farm operating loans, real estate loans, debt restructuring, and rural loans
• Farm business and property disputes: Farm leases, family farm transition, and farmer-neighbor conflicts

State program scope differs. Ask the state program or local FSA office whether it accepts the specific dispute.

For estate settlement specifically, the program is most useful when heirs disagree about whether to sell the farm, how to value one sibling's buyout of another, or how to divide operations between an on-farm heir and off-farm siblings who want cash. A neutral mediator who understands agricultural economics can help the family reach an agreement that preserves the farm while giving each heir a fair outcome.

How It Works

The process is straightforward:

1. Request mediation by contacting your state's certified mediation program. Most accept requests by phone, email, or an online form.
2. All parties agree to participate. Mediation is voluntary — no one can be compelled to attend. FSA farm program and loan participants may have rights to request reconsideration, appeal, and alternative dispute resolution after an adverse FSA decision under 7 CFR Parts 780 and 11. Follow the decision notice for procedures and deadlines.
3. A trained mediator is assigned. USDA-certified mediators must complete specific agricultural mediation training. They understand farm finances, USDA program rules, and the emotional dynamics of family farm disputes.
4. Sessions are scheduled. Most mediations take one to three sessions of two to four hours each. Some programs offer virtual sessions.
5. Any agreement is documented in writing and signed by the parties. Whether and how an agreement is enforceable depends on its terms and applicable law.

The mediator does not make decisions or impose solutions. Their role is to facilitate conversation, ensure each party is heard, and help the group identify workable compromises. USDA describes the mediation process as confidential; ask the state program about the confidentiality rules that apply before the session. If mediation fails, parties may pursue other available processes.

Finding Your State's Program

Participating states administer their programs differently. Some are housed in the state department of agriculture, some in university extension services, and some in independent nonprofit mediation centers. A few examples:

• Iowa: Iowa Mediation Services
• Kansas: Kansas Agricultural Mediation Service, at K-State Research & Extension
• Nebraska: Negotiations
• Minnesota: Regents of the University of Minnesota Sponsored Projects Administration
• Wisconsin: Wisconsin Farm Mediation and Arbitration Program

The USDA Farm Service Agency maintains a directory of certified state programs. If your state is not listed, your local FSA county office can explain whether mediation is available through a contracted provider.

When to Call

Do not wait until the family conflict has hardened into entrenched positions. Mediation works best when introduced early — before siblings have hired competing attorneys, before the executor has made irreversible decisions about selling parcels, and before the emotional stakes have escalated to the point where rational compromise feels impossible.

If you are settling a farm estate and the heirs cannot agree on next steps, contact your state's mediation program before filing a partition lawsuit. Partition litigation typically takes 12 to 24 months, costs tens of thousands in legal fees, and frequently results in a forced sale at below-market auction prices. Where mediation is available, ask the program about fees and scheduling; it may help the parties reach a written agreement sooner.

The Farm & Agricultural Estate Settlement Guide includes a family meeting agenda template and a decision log — structured tools for the conversations that happen before, during, and after mediation sessions.