12:20:01 :04. Contents of request for mediation. The request for mediation must indicate if mediation is mandatory or voluntary and contain the following information:

1. (1) If filed by a creditor:

   1. (a) The name, address, and telephone number of the creditor and the creditor's representative for service of notices;
   2. (b) If possible, the names and positions of the creditor's representatives who plan to attend the mediation proceedings;
   3. (c) The name, address, and telephone number of the debtor;
   4. (d) The stated location of the real estate and location of chattel property or other collateral, including legal descriptions. If the debtor's property is under the control of a third party, the creditor shall list the same information, if available, for the third party;
   5. (e) If mandatory, an affidavit that the debt meets the requirements of SDCL 54-13-10;
   6. (f) An explanation of the nature of the conflict.

2. (2) If filed by a borrower:

   1. (a) The name, address, and telephone number of the borrower;
   2. (b) If possible, the name, address, and telephone number of each person who will accompany the borrower to the mediation proceedings;
   3. (c) The name, address, and telephone number of the creditor or creditors;
   4. (d) The location of the real estate and the location of chattel property or other collateral listed by creditor, including legal descriptions. If the property is under the control of a third party or parties, the name, address, and telephone number of each party shall be provided;
   5. (e) An explanation of the nature of the conflict.

Source: 15 SDR 20, effective August 7, 1988; 41 SDR 93, effective December 2, 2014.

General Authority: SDCL 54-13-2.

Law Implemented: SDCL 54-13-2.

Prior versions effective: 1988-08-07.