Nondiscrimination Information For Federally-Conducted Programs
Compliance, Appeals, Mediation, Relief
Definition of an Appeal
An appeal is a written request by an NRCS or USDA applicant or
participant of any technical determination or decision made by the
agency that an applicant or participant might consider to be adverse to
their interests. The decisions may include any of the following
examples:
- Highly Erodible Land Determinations
- Wetland Determinations or Violations
- Conservation Program Eligibility
- Conservation Program Contract Violations
- Easement Violations
- Non-Compliance with Regulations
- Other Program Issues
Mediation is defined as a process of assisted negotiations.
Mediation is a problem-solving process that focuses on the future and
the working relationship of the parties. This process is designed to
assist parties with creating their own mutually agreed upon resolution.
It is an opportunity to resolve your concerns quickly, voluntarily,
informally in a non-adversarial setting. In mediation, parties meet with
a mediator to discuss issues and how they can attempt resolution.
Mediation saves the parties time, expense, and the emotional stress of
enduring unresolved conflict in the workplace. This opens lines of
communication and creates an improved understanding for the parties.
ADR offers a new way for resolving conflict. It is an informal
process to help the agency mange conflict with farmers and ranchers, and
conflict with our partners. ADR addresses conflict through the
utilization of various techniques including facilitation and mediation.
ADR is available to employees, customers, and partners for disputes
outside of the established dispute resolution systems and is also
available within the grievance, appeals, and Equal Employment
Opportunity complaint processes. The agency program focuses on two
areas:
- Use of alternative dispute resolution processes to resolve
conflict early and effectively, and
- Development of employee skills for managing conflict
successfully.
The Farm Security and Rural Investment Act of 2002, Public Law
107-171, Section 1613 (2002 Farm Bill) has set forth provisions where
NRCS program participants, as defined at Section 1613(a)(3), may apply
for equitable relief when a determination of non-compliance with a
covered conservation program requirement has been issued. |
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