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OFRS

Legal Groundwork
By: Robert Moore, Friday, October 04th, 2024

We are excited to announce that the Ohio Farm Resolution Services (OFRS) has been recertified by the USDA and will begin its second year of operation.  OFRS is part of the USDA’s certified mediation program which provides the opportunity for each state to establish an agricultural mediation service.  This 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.

OFRS primarily offers three key services. First, we facilitate mediation between parties in disputes, with the goal of finding a resolution before the costly and time-consuming process of litigation. For example, we can help neighboring landowners resolve boundary disputes or assist business owners in negotiating a buyout for a departing partner.

Second, we provide mediation for farmers and landowners who may be appealing a USDA or ODA determination.  For instance, if a farmer is denied eligibility for a commodity support program, we can facilitate a face-to-face discussion between USDA/FSA and the farmer to provide them an opportunity to try to work through the issues in an attempt to reinstate eligibility.

Our third service, a more non-traditional but equally important offering, involves assisting farm families with farm transition planning. This service is especially helpful for families who need guidance to get started or have encountered obstacles in their planning process. We've sat down with many farm families at their kitchen tables to discuss and navigate their farm transition plans.

OFRS can address a wide range of issues, including:

  • Farm transition planning
  • Family communication and management succession
  • Business entities/ business practices
  • Energy leases
  • Farm leases
  • Zoning
  • Land Use
  • Farm labor issues
  • Neighbor issues
  • Lender/creditor
  • Property disputes
  • Farmland drainage
  • Crops/Agronomics
  • USDA/ODA appeals
  • Estate disputes

If you're interested in OFRS services, feel free to reach out via email at moore.301@osu.edu or call us at 614-247-8260. Thanks to USDA funding, we can offer our services at a minimal fee, typically just enough to cover travel and out-of-pocket expenses.

By: Robert Moore, Friday, October 13th, 2023

Legal Groundwork

Ohio has over 76,000 farms and 13 million acres of farmland.  In such a large and diverse industry, conflicts commonly arise that can lead to disputes, litigation, and appeals.  Ultimately, these conflicts can cause harmful effects that threaten the viability of Ohio agriculture.  To address these issues, a new program has been developed - Ohio Farm Resolution Services at The Ohio State University (OFRS).  The goal of OFRS is to cultivate solutions to the conflicts that impact Ohio's farms and farm families.

OFRS will provide a three-pronged approach to assist farms and farm families in resolving problems and conflicts:

  1. Education resources.  The 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.  For example, OFRS may provide a law bulletin on farm leasing to a tenant and landowner involved in a lease dispute.  Some disputes can be resolved through education alone.
  2. Consultation and informal resolution services.  OSU Extension attorneys and farm management specialists will be available to meet with parties to assist with resolving their issues.  These services will be more informal and may include sitting at the kitchen table with a family struggling with transition planning or perhaps meeting in a pasture to discuss shared fence line concerns between neighboring farmers.
  3. 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 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.

Most consultation and mediation services will be conducted by OFRS’ primary consultants/mediators: Peggy Hall, David Marrison, Jeff Lewis and Robert Moore.  OFRS will also develop a pool of outside mediators who can assist with matters that require special or unique technical knowledge.  OFRS is committed to providing individuals who have both the knowledge and skill to help understand and resolve issues.

OFRS will be able to assist on a wide variety of matters.  The following are issues for which OFRS can provide assistance:

  • Family communication
  • Farm transition planning
  • Business entities
  • Business practices
  • Land use
  • Property issues/neighbor issues
  • Zoning
  • Farm leases
  • Energy leases
  • Farm labor issues
  • Farmland drainage
  • Crops/agronomy/soils disputes
  • USDA administrative appeals
  • ODA administrative appeals
  • Farm lender/creditor negotiations

OFRS is available to provide educational and consultation services now.  Mediation services will be available beginning in January 2024.  For more information or to refer someone to OFRS, contact Robert Moore at moore.301@osu.edu or 614-247-8260.  Information is also available at farmoffice.osu.edu/ofrs.

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