COLUMBUS, Ohio – When the USDA Farm Service Agency expanded its decades-old Certified Mediation Program to include work with family farm transition planning and landowner-neighbor disputes a few years ago, Ohio State University put Ohio Farm Resolution Services (OFRS) into action.

The program, established under the Agricultural Credit Act of 1987, provides a cost-effective, voluntary and confidential alternative for resolving a wide range of issues affecting the agricultural community.

“When USDA expanded their mediation program, Peggy Hall and I thought it would be a good opportunity to help farm families with transition planning,” said Robert Moore, an attorney and research specialist for the OSU Agricultural & Resource Law Program. Hall is an attorney and is director of the program.

Moore was raised on a dairy farm in Coshocton County and is owner emeritus of Wright & Moore Law Co. LPA, where he practiced law for 18 years. The law firm is known for its knowledge of agricultural and landowner law. Moore said farm transition or succession planning were top issues that arose when he was in full-time practice.

“Our idea with Ohio Farm Resolution Services is to provide some tools, strategies and ideas to get the conversation started,” Moore said, adding that often ideas about the next steps in farm succession planning are assumed but not articulated. “There’s a plan there, but everyone needs to find out what it is.”

In October 2023, OFRS was approved to become a certified USDA mediation service provider. While being a mediator of farm transitions was a catalyst for offering the service, there are many avenues of help and guidance available from the Ohio State group to farmers and landowners.

Moore says the staff of OFRS cannot draw up legal papers or act as attorneys, but can help families all the way up to that point. Beyond farm transitions, Moore said OFRS can help mediate other farm and landowner-related issues and disputes as well.

“Our hope is to help before it gets (controversial),” Moore said. “At least they have a better understanding of the law and have a better chance of working it out with their neighbors or the other party.”

Moore hopes the expertise of OFRS helps more families and landowners plan for any long-term or short-term impacts to their farms and businesses.

“Each situation is different,” he said. “We encourage all farmers to reach out to us and see how we may be able to help.”

OFRS serves Ohio agriculture with a three-pronged approach to helping resolve farm conflicts.

This first approach will be to provide educational resources that may lead to a resolution. Educational resources may be in the form of bulletins, publications, articles or individual discussions. Some disputes, Moore said, can be resolved through education alone.

The second approach to problems will be consultation and informal resolutions services. OSU Extension attorneys and farm management specialists will be available to meet with parties to assist with resolving their issues. These meetings are oftentimes held at a kitchen table with family members or in a pasture to discuss shared fence line concerns between neighboring farmers.

A third approach is that of formal mediation. Sometimes conflicts escalate to hard feelings and entrenched positions. When this happens, formal mediation may be appropriate. This process will involve the intervention of a trained mediator to assist the parties in negotiating a jointly acceptable resolution of issues in conflict. The mediator meets with the parties at a neutral location, often shuttling between separate rooms, where the parties can discuss the dispute and explore a variety of solutions. Formal mediation is often the last step before litigation.

OFRS covers a variety of issues such as family communication, farm transition planning, energy leases, farm leases, zoning, land use, labor, neighbor issues, property disputes, farmland drainage, crops, agronomics and estate disputes.

Ohio Farm Bureau Senior Director of Leadership Development Melinda Witten is a certified coach for Legacy Conversations, which caters to the needs of farm families who find themselves grappling with decision-making challenges. She is working with OFRS as well.

Legacy Conversations is a guided process wherein a certified mediator collaborates closely with individuals or members of a farm family, providing valuable assistance in overcoming obstacles and cultivating fresh perspectives.

“There are a few signs that indicate it is time to bring in an outside party to assist with farm transition planning,” Witten said.

For more information about OFRS services, email Moore at moore.301@osu.edu or call 614-247-8260. Thanks to USDA funding, those providing this service can do so at a minimal fee, typically just enough to cover travel and out-of-pocket expenses.

To learn more about Legacy Conversations, email Witten at mwitten@ofbf.org.