Information for farmers
Mediation provides a structured negotiation process where the mediator, as a neutral and independent person, can assist the farmer and mortgagee to bring about an agreement on matters relating to the farm business debt.
Important steps toward mediation
The mediator, as a neutral and independent person, can assist the farmer (you) and the mortgagee with the aim to bring about an agreement to prevent a mortgagee foreclosing on farm business debt without undergoing a formal, impartial mediation process that seeks an equitable resolution during stressful times.
In the majority of matters you will receive an Intention to take Enforcement Action Notice from the mortgagee accompanied by an invitation to mediate and an information mediation package. You may request mediation to discuss the farm debt or alternatively elect to refuse mediation.
The following steps outline the process and notices undertaken by you when the mortgagee initiates mediation.
- The mortgagee serves you with a Notice S14 Enforcement Action (PDF, 129KB) along with a Mediation Information Package (PDF, 294KB) and with a copy to QRIDA
- You should review this Notice and supporting information carefully and seek advice
- You then respond within 20 business days by giving a Notice S15 Request for Mediation (PDF, 149KB) to the mortgagee that also includes their nomination of three mediators in preferred order and a request for copies of documents. Alternatively, you have the right to decline mediation.
- The mortgagee can accept the request for mediation by giving a Notice S16 Agreement or Refusal to Mediate (PDF, 122KB) within 15 business days
- You may also receive a request for documents notice that you need to comply with, within 30 business days
- The parties should agree on a mediator who arranges for the completion of a Form 8 Mediator Appointment (PDF, 143KB) (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, time and venue that's reasonably convenient to the farmer. It will be conducted with as little formality, technicality, and as quickly as possible.
If agreement is reached, a Form 1 Heads of Agreement (PDF, 129KB) is prepared or supervised by the mediator and signed by both parties with a Form 2 Summary of Mediation completed and signed by all parties and forwarded to QRIDA.
Obligations
- Getting the right advice to ensure you are well supported throughout the mediation process
- You are entitled to more than one advisor
- Be prepared and participate in mediation in good faith. Refer to the Good Faith Information Sheet (PDF, 922KB).
Alternative options
- You can initiate mediation with the mortgagee. Key steps are detailed in the Mediation Information Package (PDF, 294KB)
- You have the responsibility to notify QRIDA if there is a change of mediator using the Notice S18B Change of Mediator (PDF, 128KB)
- You can discontinue mediation by giving a Notice S32 Discontinuing Mediation (PDF, 182KB)
- You can decline mediation by giving a Notice S53 Declining Mediation (PDF, 167KB)
- You can revoke a heads of agreement by giving a Notice S29 Revoking Heads of Agreement (PDF, 191KB)
- You can make an application for Form 3 Enforcement Action Suspension Certificate (PDF, 143KB) if the mortgagee has failed to mediate or mediate in good faith.
Related information
Mediation Information pack (PDF, 352 KB) Good Faith Information Sheet (PDF, 922KB) Guidelines for Conducting Mediation (PDF, 270 KB) Contact North Queensland Rural Financial Counsellors Contact South Queensland Rural Financial Counsellors Legal Aid Queensland Farm Business Debt Mediation Act 2017 (Qld) Farm Business Debt Mediation Regulation 2017Register of Mediators
More information
Visit Farm Business Debt Mediation for more information including frequently asked questions.
Mediation tips
If you should undergo Farm Business Debt Mediation, keep the following things in mind to help you to prepare and improve your chances of the best possible outcome.
Seek support as soon as possible: if you are facing financial difficulties it’s important to seek support and advice early to assess your options. The Rural Financial Counselling Service is a great resource, but your accountant or solicitor can also assist.
Choose to have an advisor present: Farmers are entitled to have one or more advisors present in mediation meetings, in addition to helping you prepare. Consider bringing a professional who you trust, who knows your business and situation and can help you understand the process if necessary. This could be your solicitor, accountant or a business consultant. The mediator will also ensure you are well supported.
Familiarise yourself with relevant documentation: Take the time to get familiar with documents containing your financial position and other details that maybe relevant at mediation. This could include a current and realistic market valuation of your property, a list of plant and equipment, cashflow budgets, livestock or cropping programs and copies of the last three year’s taxation figures.
Consider the other party: What do you know about them? What internal and external constraints are they operating under, and what options are likely to be acceptable to them? Understanding other perspectives will help you to prepare.
Prepare for a range of outcomes:Farm Business Debt Mediation aims to find an equitable resolution for both farmer and mortgagee, so be prepared to compromise. A good way to prepare is to consider as many outcomes as possible, determine which are practical and could satisfy your needs, and develop arguments for each.