Case Studies

A farmer disputed a determination by NRCS that a particular field was a wetland. The field was designated as a wetland on soil maps but due to past activities on the field, it was difficult, if not impossible, to conduct a new wetland determination. The farmer wanted to plant the field as soon as possible but risked a penalty and his ability to participate in USDA programs if he planted in a wetland. The parties were stuck and the farmer was concerned that the window for planting would soon pass.

He requested mediation to resolve the stalemate. The mediator helped the parties make a list of possible methods to make the wetland determination and the advantages and disadvantages of each. Ultimately, the parties agreed to have their wetland experts work side by side to conduct a wetland determination on a similar adjacent field that was also designated a wetland on the soil map. Since all parties agreed to the process and conducted the test together, each party accepted the results.

A farmer owed his feed supply store a significant balance. Interest was accruing on the principal and the farmer who was struggling to make ends meet did not know how he was ever going to pay the entire debt. The feed supply store was in a tough bind. If it continued to provide feed, the farmer’s debt would likely continue to grow. If it stopped proving feed to the farmer, the farm would fail. Either way, it was not clear how the farmer could pay back the debt.

The farmer contacted FSA and FSA referred the farmer to VTAMP. At the mediation, it was clear that all parties had an interest in the farmer succeeding. The parties discussed several options for restructuring the loans that would enable the farmer to pay back his entire debt. Ultimately, the parties agreed to a settlement that worked for both the farmer’s and the feed supply s store’s balance sheet.

A farmer was seeking a loan guarantee from USDA to purchase the family farm. After months of back and forth discussions between the farmer, a commercial lender, and USDA, the loan guarantee was denied. The process stalled and the farmer did not know where to turn to next.

The farmer contacted VTAMP and requested mediation. At the mediation, all the parties were at the table together for the first time. Mediation enabled the parties to dispel preconceived notions about each other and address each party’s concerns. The mediator assisted the parties in generating options that addressed concerns raised by the various parties and ultimately the parties were able to work together to develop a loan package that worked for all.

Neighbors were concerned that their water supply may become contaminated because cows from a neighboring farm were able to roam close to their spring. It was important to the neighbors to preserve good relations with the farmer but informal communications between the parties failed to result in increased protection of the spring.

The neighbors contacted VTAMP for help. VTAMP worked with the parties and the Vermont Agency of Agriculture to develop a settlement that did not interfere with the grazing area for the cows while at the same time increasing the protection zone for the spring.

A farmer entered into a cost share arrangement with NRCS for a manure storage system. The farmer was concerned that the contractor who performed the work did not follow all the specifications in the contract and refused to pay the contractor the remaining balance.

At the mediation, the contractor and the farmer had an opportunity to talk about exactly what was done differently and why it was done that way. Once all the parties had a greater understanding of the nature of the work performed, the mediator facilitated a discussion on possible ways to resolve the dispute. Since mediation sessions are confidential, each party could talk openly about which options could be acceptable. The parties were then able to reach an agreement that was acceptable to all parties and most importantly it provided a means for dealing with any future problems.

Managing a multi-generational family farm can be a challenge. Conflicts can arise between parents and their children or between siblings concerning management of the farm, differing personal goals, money issues, lifestyle choices and many other things. If the conflict is not resolved early on and in a constructive manner, families and businesses can be torn apart.

VTAMP has helped several families deal with these issues. In some cases, the parents wanted to hand over the day to day management of the farm to their children but were not ready to hand over all decision making. In other cases siblings had conflicting visions for the future of the farm and their role in managing the farm. In all of these cases, VTAMP worked with all family members to focus on their interests, resolve personal issues, and set up clear boundaries between business and family matters.