Homeowners in Pierre, South Dakota could be on the hook for mediation fees related to a water drainage dispute in the city. Participating in the program is voluntary, but the fee for the mediation will not be. Requesting mediation could cost homeowners $200 and if the non-requesting side agrees to use mediation, the initial fee could also be $200. Any other party that tries to intervene would also need to pay $200.

Mediation is not definite at this point, but should it occur, the participants could split the hourly costs. Any mediators involved are required to complete a 32 hour training course through the Department of Agriculture. Those already experienced in mediation can request a waiver.

The dispute arose when the legislature approved two measures establishing the mediation services and creating a new regional river basin approach for water management which was part of a regional watershed advisory task force’s recommendations from the last three years.

Mediation services will be handled by the Agriculture Department’s existing program for agriculture mediation and at this point they are willing to accept written statements concerning the proposed rules of mediation. There is an August 10^th deadline for submitting comments.

The proposed rules are available on the state website www.rules.sd.gov. The director of mediation will be charged with determining whether or not the drainage mediation request can move forward and would need to mail a mediation notice to the non-requesting party. If a response is not received within 20 days, mediation would be waived. Mediations are expected to be resolved within 90 days, though extensions are permitted.