Why Should I Mediate a Fence Dispute?
- Private and confidential
- Opportunity to reach a mutual resolution outside of court; future oriented
- Decisions are up to the parties, not the judge or the mediator
- Cost savings
- Resolved more quickly than litigation
- One to three hour session
- Ability to freely and fully describe points of disagreement
- Mediated meetings held at a local location near the property
- If a complaint has already been filed in court, mediated agreements may be submitted to a court for entry as judgment; or the parties may agree to dismiss the case
- If no agreement is reached, parties proceed with the court process
Statewide Mediation Resources Fence Disputes
Nebraska Farm Mediation Services
The Nebraska Farm Mediation Services are administered by the Nebraska Department of Agriculture. It provides mediation for farm and ranch debtor/creditor matters, related issues and fence disputes. It also provides free monthly clinics for legal, financial farm and ranch matters. For information on the clinic, please call 1-800-464-0258.
To request mediation of fence disputes, call: 800-446-4071
Additional resources: Nebraska Farm Hotline: 800-464-0258
You may also visit their Web site at: http://www.agr.ne.gov/mediation/index.html
Nebraska ODR-Approved Mediation Centers
There are six (6) regional non-profit mediation centers approved by the Office of Dispute Resolution through the Nebraska Supreme Court. These centers provide mediation for a variety of conflicts, including family, farm, workplace, neighbor, business, as well as fence disputes.
For more information or to request mediation, please click here to find mediation center serving your county.
Considerations for Mediation
When Do I Request Mediation?
- As soon as a problem arises
- Either before going to court or after filing a complaint
What is a Mediator?
- A professionally experienced and trained individual in mediation and issues
- Affiliated with either the Farm Mediation Service or an ODR-approved mediation center
- The mediator is in charge of the meeting to promote problem solving
- The mediator does not give advice nor impose solutions
Who should attend?
- The owners or managers of the property
- Others involved in the fence dispute
- Legal representation is not required; however, if you wish to have an attorney with you, please call the mediation service prior to the mediation
What should I bring?
- Paperwork that helps describe the problem
- Any photos that help clarify your points
What are the next steps?
- Contact the Farm Mediation Service or an ODR-approved Mediation Center serving your county (see above)
- Work with the mediation case manager to determine who should attend the mediation, when and where it will take place
- If you have an attorney, talk with them to prepare for the mediation process
- Other resources may be available through the Farm Hotline: 800-464-0258
What Are the Costs?
- Farm Mediation Services: $20 per hour per person (Waiver available)
- ODR-Approved Mediation Centers: Cost-sharing formula with a range of $20 to $75 per hour (Sliding fee scale available)
LB 108, Mediation of Fence Dispute - NE Legislative Session 2007