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The Oregon Administrative Rules contain OARs filed through February 15, 2017
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 75

FARM MEDIATION

603-075-0005

Purpose

These rules describe the process for selection of mediation services, fees to be charged for mediation services, methods of advertising the availability of mediation services, and the processing of requests for agricultural mediation or mediation of disputes directly related to activities of the department for mediations held pursuant to ORS 36.252 to 36.268.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0010

Definitions

As used in these regulations, unless the context requires otherwise:

(1) "Agricultural producer" means a person engaged in the production of livestock, poultry, field crops, fruit, dairy, fur-bearing animals, Christmas trees, vermiculture products, food fish or other animal and vegetable matter or any other person, as determined by the department, who is engaged in agricultural production.

(2) "Coordinator" means the Director of Agriculture or a designee of the Director of Agriculture.

(3) “Department” means the Oregon Department of Agriculture.

(4) "Mediation" as defined by ORS 36.110(5).

(5) "Mediation service" means a person selected by the coordinator to provide mediation under ORS 36.250 to 36.280.

(6) “Mediation program” as defined by ORS 36.110(8).

(7) "Mediator" as defined by ORS 36.110(9).

(8) “Party” means an individual, entity or group taking part in mediation as a disputant.

(9) "Person" means the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

(10) “Representative” means a person or persons that represents an individual, entity or organized group, including but not limited to an attorney.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.252 - 36.268
Hist.: DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0025

Mediator Training Guidelines

If necessary, the training of impartial mediators shall include the following topic areas:

(1) Procedures to follow in conducting a mediation session;

(2) Skills important to successful mediation;

(3) Current agricultural, legal and financial issues;

(4) Other, as determined by the coordinator.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0050

Process for Selection of Mediation Service

(1) The coordinator shall select such mediation service(s) for the agricultural mediation program based upon the following criteria:

(a) The number of formally mediated cases and hours of formal mediation completed;

(b) The number of continuing education credits obtained during the last two calendar years;

(c) Demonstrated knowledge of agriculture and agricultural issues;

(d) Demonstrated knowledge of agricultural and financial matters;

(e) Demonstrated ability to conduct actual mediation(s) with analysis of the results;

(f) Demonstrated ability to provide mediation services in the geographical area, which the mediation service proposes to provide its services; and

(g) Other, as determined by the coordinator.

(2) The coordinator may revoke or withdraw the selection of a mediation service if it is later determined that the above criteria have not been or are not being adequately met.

(3) The agriculture mediation service(s) shall be selected by the Request for Proposals (RFP) method.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0100

Fees for Agricultural Mediation Services

(1) At the option of the department, fees may be established at an amount reasonably necessary to cover the cost of mediation services. Such fees shall be calculated by determining the costs, including administrative overhead, for providing mediation service.

(2) The fees to be charged per party shall be reviewed annually by the coordinator to determine the appropriateness of such fees and whether the fees should be increased or decreased based upon the overall financial status of the program.

(3) All or a portion of the mediation fees may be waived upon showing of financial need made by the applicant.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0110

Method of Advertising Mediation Services

(1) The coordinator shall prepare and publish informational material describing the mediation program, including but not limited to description of the mediation service, costs to participants, manner of application and other information as the coordinator shall deem necessary to ensure adequate knowledge of mediation services.

(2) Information material shall be posted on the department’s website and distributed to agricultural organizations and any other entity who make a request for such materials.

(3) The coordinator may use other appropriate means of advertising of the mediation program, including but not limited to, print and electronic media, posters and other means of public information.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0120

Application for Mediation

(1) An agricultural producer or a person involved in a dispute directly related to the activities of the department may request services from the department by submitting a request to the department on a form provided by the department.

(2) The department shall, within ten days of the receipt of a request for mediation, give written notice of receipt of the request to the parties, or representatives of the parties, to the dispute.

(3) The coordinator will review mediation requests. If a dispute is eligible for the agricultural mediation, the coordinator shall notify the parties, or representatives of the parties, that the request is accepted by the department and forward the written requests for mediation to the mediator chosen by the coordinator.

(4) If the dispute is not eligible for the agricultural mediation program, the coordinator shall notify the parties or the representatives of the parties, that the request for mediation is denied.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0130

Confidentiality of Mediation and Materials used in Mediation

(1) All mediations conducted are subject to the confidentiality requirements set forth in ORS 36.262. In addition, except as provided in subsection (3), all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider, or the department that are created for, or used in, a mediation are confidential and not subject to disclosure consistent with ORS 192.501(16).

(2) Breach of confidentiality by a mediator or mediation service shall be cause for revocation of a mediator's approval or cancellation of a mediation services' contract.

(3) A mediation agreement reached between the parties is not confidential unless the parties otherwise agree in writing.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

603-075-0140

Reporting Procedures

(1) The coordinator shall prepare for the Director of Agriculture an annual evaluation report, which includes:

(a) The number of requests received for agriculture mediation;

(b) The number of requests that were eligible for agricultural mediation;

(c) Dispute type;

(d) Whether or not a settlement was reached;

(e) The cost of each case; and

(f) Recommendations, if any, for improving the delivery of mediation to agricultural resources.

(2) The coordinator shall prepare the evaluation report to reflect the agricultural mediation activities for the calendar year.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 36.210
Hist.: AD 14-1990, f. & cert. ef. 7-3-90; DOA 1-2017, f. & cert. ef. 1-17-17

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