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Information for Farmers

Important steps toward mediation

In the majority of matters a farmer will receive an Enforcement Action Notice from the mortgagee notifying the farmer of the mortgagee's intention to mediate. The farmer may request mediation to discuss the farm debt or alternatively elect to refuse mediation.  The following steps outline the process and notices used by the farmer when the mortgagee initiates mediation. Hyperlinks are embedded to the notices and forms the farmer may need to complete.

  • The mortgagee serves the farmer with an Enforcement Action Notice along with a Mediation  Information Package with a copy to QRIDA.
  • The farmer should review this Notice and supporting information carefully and seek advice.
  • The farmer then responds to the mortgagee within 20 business days by giving a Request for  Mediation Notice S15 to the mortgagee that also includes their nomination of three mediators in  preferred order and a request for copies of documents. The farmer has the right to decline  mediation. A register of mediators can be found via the quicklinks.
  • The mortgagee can accept the request for mediation by giving an Agreement or Refusal to  Mediate Notice within 15 business days.
  • A farmer may also receive a Request for Documents Notice and needs to comply with that  request within 30 business days.
  • The parties should agree on a mediator who arranges for the completion of a Mediator  Appointment Form 8 (not necessarily the form provided by QRIDA).
  • The mediator also reviews the overall matter and may suggest a pre-mediation conference.
  • The mediator facilitates a pre-mediation conference and finalises arrangements for mediation.
  • Mediation will be conducted on an agreed day at an agreed venue.

If agreement is reached, a Heads of Agreement Form is prepared or supervised by the mediator and signed by both parties with a Summary of Mediation Form completed and signed by all parties and forwarded to QRIDA.

Obligations

  • Getting the right advice to ensure the farmer is well supported throughout the mediation process.
  • The farmer is entitled to more than one advisor.
  • Be prepared and participate in mediation in good faith. Refer to the Good Faith Information Sheet.

Other options

Last updated
25 July 2017