Founded in 1985, Iowa Mediation Service (IMS) has embodied innovative practices since its inception. Because of the economic downturn that occurred in the Midwest due to the agricultural crisis, IMS created a group facilitative model for parties to work through limited resource disputes instead of using an adversarial or litigious model that is commonly used by parties involved in disputes. This p
rogram has continued to exhibit an innovative approach by being the first of its kind to demonstrate the ability to successfully use mediation and other interventions during crisis. Additionally, most dispute resolution programs are applied to urban settings, whereas IMS has successfully applied its approach to both rural and urban situations. The mediators are specifically trained to understand and identify the nuances involved in rural settings that distinguish them from urban cases. The scope of those impacted by IMS programs is wide-reaching as demonstrated by those benefiting from mediation: farmers, creditors, agencies, families, consumers, and merchants. The organization serves individuals and organizations in all 99 Iowa counties. Specifically, it provides resources to over 40 Iowa banks, along with four other major national creditors. Within the state of Iowa, there are statutory guidelines mandating mediation of agricultural credit disputes according to Chapters 654A, 654B and 654C, and during this 30 year program, it has handled approximately 40,000 farmer-creditor cases where most of these cases revolve around farm debt. More than 70% of these cases reach an agreement, including mediation releases that allow entities to proceed with legal action. Farmers and lenders used IMS mediators to satisfactorily resolve their disputes and as a result, farmers remained on their farms and lenders retained their customers. Agricultural economists project that the need for such mediation is set to increase due to lower commodity prices and decreasing profit margins resulting in the inability to meet debt repayment. These disputes will be more complex due to the nature of the debt and the number of creditors that have extended credit to the farm operation. Farmers, creditors, suppliers, cooperatives, machinery and implement dealers and a host of local businesses that rely on a vibrant farm economy will feel effects of lower prices and smaller profit margins. IMS is structured around the philosophy that successful mediation is predicated upon building a platform that is win-win or at worst “less lose.” This is achieved by providing the following interventions: mediation, facilitation, and arbitration. Mediation is the process where a third-party neutral assists two or more people in negotiating a solution. Parties retain the ability to decide while the third party helps each party recognize risk and problem-solve. Facilitation is the process where a third-party helps stakeholders and other interested parties seek solutions before a conflict emerges. This process is used in planning and is designed to reach consensus among a large number of parties. Arbitration is the process where a third-party neutral makes a decision for disputing parties where those involved jointly submit the issues, and resolution mirrors the typical judicial process. IMS employs and subcontracts with effective mediators throughout Iowa by certifying mediators through a rigorous five-day certification program. This helps ensure continuity among the various mediation services provided across the state. Iowa Mediation Service is a unique organization that proactively identifies potential crises in order to be prepared when the crisis comes to fruition. By providing a neutral environment for dispute resolution, the organization ensures the best possible setting for containing and deescalating counterproductive decision-making. This allows all the involved parties to take a participatory approach within a group facilitative model versus more traditional, adversarial models of processing disputes. When individuals and organizations are given a voice there is much greater likelihood to commit to the resolution process, take accountability for their own actions, and implement the recommendations, whereby creating more positive outcomes for all involved.
