Wyo. Code R. 010-0006-1
Effective Date: 07/18/2000 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0006.1.07182000
These Rules and Regulations implement the Agriculture Mediation Service Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998 by setting forth the qualifications and role of mediators and describing how the Mediation process will be conducted. The goal of the Mediation program is to resolve disputes by using a voluntary and confidential Mediation process by which a trained neutral party assists with primary decision makers to reach mutually agreed upon solutions.
These rules are adopted pursuant to the Agriculture Mediation Service Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998, W.S. 11-41-101 through W.S. 11-41-110.
As used in this Chapter and in addition to the definitions found in W.S. 11-41-102 (a), the following terms are defined:
(a) 'Act' means the Agriculture Mediation Service Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998, W.S. 11-41-101 through 11-41-110;
(b) 'Action' under W.S. 11-41-102 (a)(i) means a court action by a Creditor against a Farmer for payment of a debt, to enforce or foreclose a security interest, lien or mortgage, or to repossess or declare a Creditor's interest in real property. 'Action' also includes any matter filed in a court of law or before an agency by a party to resolve a dispute.
(c) 'Agricultural property' under W.S. 11-41-102 (a)(ii) means real property that is used principally for Farming or ranching, real property that is a Farmer's principal residence and any land contiguous to the residence, personal property that is used as security to finance Farming or personal property that is used for Farming;
(d) 'Board' under W.S. 11-41-102 (a)(iii) means the Agriculture and Natural Resource Mediation Board;
(e) 'Creditor' under W.S. 11-41-102 (a)(iv) means any person who holds a mortgage on or is a vendor of a land contract for Agricultural property, who has a lien on or security interest in Agricultural property or who is a judgment Creditor with a judgment against a Farmer affecting the Farmer's Agricultural property;
(f) 'Farmer' or 'Rancher' under W.S. 11-41-102 (a)(v) means a person engaged in Farming or ranching who owns or leases a total of sixty (60) acres or more of land that is Agricultural property and whose gross sales of farm products for the preceding year equaled twenty thousand dollars ($20,000.00) or more;
(g) 'Farming or ranching' under W.S. 11-41-102 (a)(vi) means the employment and operation of real property for the production of agricultural products, including but not limited to:
(i) Raising, harvesting and selling crops, hay and other products of the soil;
(ii) Feeding, breeding, management and sale of livestock, poultry, fur bearing animals or honeybees, or the produce thereof; or
(iii) Dairying and the sale of dairy products.
(h) 'Natural Resources' means the physical, chemical or biological properties of natural resources including but not limited to air, water, wildlife, soil, minerals, or vegetation.
(i) 'Mediation' under W.S. 11-41-102 (a)(vii) means the act of a neutral person in intermediating between or among contending Parties with a view to persuading them to adjust or settle their dispute by mutual agreement.
(j) 'Parties' under W.S. 11-41-102 (a)(viii) means the primary decision makers engaged in the Mediation process.
(k) 'Standing' under W.S. 11-41-102 (a)(ix) means a person is given the authority to initiate a Mediation process by the Board.
(a) In order for Parties to be given the authority to enter into the Mediation process, they must meet the following criteria:
(i) Parties or their authorized designee(s) must have the authority to settle the dispute, and
(ii) Parties must be active participants in the Mediation process.
(a) Pursuant to W.S. 11-41-108 (a): Any conflict between two (2) Parties which involves agriculture or Natural Resources may be subject to Mediation. This may include, but not limited to, conflicts between federal, state and local government agencies, individuals and organizations.
(a) In order to become a mediator, one must meet the following qualifications:
(i) In order to be considered qualified, each mediator shall be certified as having attended and satisfied the requirements of a Board-approved Mediation training program; an approved training program shall provide at least (30) thirty hours of course work in Mediation process, resolving conflicts, farm finance negotiating, communications, issue and problem framing, final bargaining and agreement writing. The Board shall establish a listing of approved training programs and shall certify each mediator who has attended and satisfactorily completed the training requirements; and
(ii) Individuals with dispute resolution experience at the time the Agriculture Mediation Act of 1987 as amended by the Agriculture and Natural Resource Mediation Act of 1998 was passed may petition the Board to become mediators under the act. The Board may approve such application on a case-by-case basis, and may specify areas of additional training which must be satisfied before the petitioner will be certified.
(b) In performing their duties, mediators shall:
(i) Under W.S. 11-41-105 (b)(i) listen to the disputing Parties desiring to be heard;
(ii) Attempt to mediate between the disputing Parties;
(iii) Remain neutral;
(iv) Under W.S. 11-41-105 (b)(iii) inform the disputing Parties as to the existence of available assistance programs;
(v) Under W.S. 11-41-105 (b)(v) assist disputing Parties in attempting to arrive at an agreement for the future conduct of working relations among them;
(vi) Under W.S. 11-41-105 (b)(vi) if requested by the Parties, assist in the preparation of a written agreement;
(vii) Comply with all provisions of the Act and the Rules and Regulations of the Board; and
(viii) Under W.S. 11-41-105 (b)(ii) endeavor to create a climate conducive to the resolution of differences between the Parties.
(c) The Board will bi-annually review and renew the certificates of those mediators who have demonstrated satisfactory performance of their Mediation responsibilities as outlined in these rules.
(d) To be recertified, mediators will submit, with their request for recertification, evidence of at least eight (8) hours of additional training on Mediation process skills since their last certification.
(e) Certified mediators agree to act as mentors for others, when requested to do so by the Board. The Board, with consent of the Parties, may designate a person to act as an observer of a Mediation meeting.
(f) Certified mediators will provide a written statement outlining to the Board:
(i) The mediator’s name, address, and phone number.
(ii) A description of the mediators training in the Mediation process.
(iii) A description of the mediators Mediation experience. (iv) A description of the mediator's Mediation style. (v) A description of those subjects for which the mediator is available. (vi) A description of mediator's fees. (vii) The date on which the written statement was prepared; and (viii) Any other information the mediator feels relevant.
Section 7. Procedures for Establishing a Mediation under the Act.
(a) A request for Mediation shall be submitted to the Board in writing on a form provided by the Board. The request shall be submitted to the Wyoming Agriculture and Natural Resource Mediation Board in care of the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, Wyoming 82002.
(b) A request for Mediation shall include:
(i) The name and address of each party, or authorized designee (s),
(ii) Information sufficient to establish that the dispute for which Mediation is requested meets the requirements of the act.
(iii) Summary of information relating to the issue; and
(iv) Signature of a party having Standing.
(c) The Wyoming Department of Agriculture shall notify persons named in the request for Mediation to determine whether these persons are interested in participating. Persons interested in participating must complete an "Agreement to Mediate" form, prepared by the Board which refers them to these rules for further information regarding the Mediation process. Persons not interested in Mediation will be asked to complete a Mediation waiver form, indicating that they are not interested in participating at this time.
Section 8. Mediation Assistance.
(a) Under W.S. 11-41-105 (e) upon request for agricultural credit assistance, the Board may refer the borrower to the director of the Extension Service in the College of Agriculture at the University of Wyoming. The Extension Service shall assist the borrower in preparing financial information for the initial Mediation meeting.
(b) Under W.S. 11-41-105 (e) the Board may also refer the Farmer or Rancher to a list of other financial analysts skilled in assisting with farm debt matters. The Board shall require persons applying to be placed on this list to outline;
(i) Name and address of applicant;
(ii) Training and number of years experience in financial analysis skills;
(iii) Training concerning farm financing and the farm credit system; and
(iv) Fees charged for rendering of financial analysis.
(c) Under W.S. 11-41-104(b) the Board may employ and remove for cause administrative, technical and other personnel on matters requiring technical or scientific expertise, and upon request from both Parties, the Board may recommend that a qualified Technical Review Team (TRT) be appointed to gather appropriate data or evidence to determine the facts. The Board designates the duty of selecting TRT members to the Wyoming Department of Agriculture. The team members would be selected by the Wyoming Department of Agriculture using the following criteria:
(i) Each member must be technically qualified and experienced in the subject matter of the dispute; and
(ii) Each member must be acceptable to both Parties in the disputes.
(d) Compensation for the TRT members will be in accordance with Section 13 (a)(b)(c)(d).
(e) After appropriate field trips or fact finding meetings, the TRT will prepare a report on the technical and scientific aspects of the matter in dispute. This report will be furnished to both Parties and to the mediator to be used as he/she deems necessary in the Mediation efforts.
Section 9. Selection of a Mediator and Preparation of Agreement as to Mediation Arrangements.
(a) Under W.S. 11-41-108 (e) The Board shall provide the Parties with the names, mailing addresses, and qualifications background information received under Section 7 of mediators, located in the geographical area in which the Agricultural property or Farmer is located.
(b) Selection of Mediator. The Parties shall notify the Board, by certified letter within seven (7) days of the receipt of the list of mediators, of their selection. The Board shall treat the silence of the Parties as a request for assistance in selecting a mediator. Upon the written request of the Parties or following the expiration of the seven (7) day period, the Board shall designate a mediator. All Parties shall be given notice of the mediator selected by the Board and any Party shall have the right, by written request, to direct the Board to select a different mediator prior to the initial Mediation meeting.
(c) Every mediator shall enter into a written agreement setting forth the terms, conditions, time lines and estimated cost for the Mediation services to be provided. The agreement shall:
(i) Be signed by the mediator and all Parties to the Mediation process;
(ii) Unless otherwise specified by a court suspension order under W.S. 11-41-107, provide that the Mediation process shall terminate sixty (60) days-after the appointment of the mediator, unless extended by unanimous agreement of the Parties;
(iii) Incorporate a statement agreeing to follow the written terms of any mutual agreement arising out of the Mediation process.
(iv) Under W.S. 11-41-108 (e) if no Action has been initiated to which the disputing Farmer and Creditor are Parties, the Board shall identify the Parties to any Mediation under this Chapter and shall require all Parties to enter into an agreement to refrain from initiating any Action among the Parties affecting this subject matter of the Mediation for a sixty (60) day period;
(v) If an Action has already commenced, then provide a statement by the Parties that they have obtained a Stipulation to mediate filed in any pending Action and a suspension order signed by a district court judge.
(vi) Include a statement prepared by the mediator, which sets forth the guidelines under which the mediator will conduct the Mediation proceedings; and
(vii) Describe the hourly fees and compensation for travel, per diem and other necessary expenses, to be reviewed by the Board.
(a) Mediation proceedings shall be conducted by the mediator at times and locations which are agreed upon by the Parties and the mediator.
(b) The mediator may hold joint or separate meetings with the Parties.
(c) The mediator may request other persons to participate in the Mediation proceedings upon approval of the Parties. Parties may have designees present at Mediation sessions.
(d) The Board may employ a technical expert(s) upon agreement by the Parties in accordance with Section 8 and W.S. 11-41-104(b).
(e) The mediator shall regulate the proceedings to prevent disruptions, and may terminate Mediation sessions in his or her discretion.
(f) Under W.S. 11-41-105 (f) The mediator may not compel a settlement.
(g) A Party may withdraw from Mediation at any point in time prior to final agreement or other conclusions of the Mediation proceedings.
(h) A Party or a mediator may withdraw from Mediation at any time if he or she feels that the mediator is unable or unwilling to perform or has a conflict of interest. The Party or mediator shall notify the Board of his or her intent to withdraw. Upon written agreement by the Parties and the Board, the Mediation proceedings may continue with a new mediator.
(a) Interim and final agreements of the Parties, if any, shall be reduced to writing. Under W.S. 11-41-105 (b)(vi) the mediator shall assist in the preparation of the written agreement.
(b) At the conclusion of the Mediation proceedings, the mediator shall provide copies of all written agreements to the Board. Agreements may provide for continued Mediation at a future date. The Parties to a Mediation proceeding are solely responsible for any agreement reached, and for the enforcement of any agreement.
(a) No mediator may provide legal, financial or therapeutic advice to the Parties in a Mediation proceeding. A mediator may not solicit or accept any payment or item of value, either directly or indirectly, in return for making a referral.
(b) In addition to W.S. 11-41-106, Mediators shall keep confidential all information and records obtained in connection with a Mediation proceeding.
(c) With respect to the Parties to the Mediation, no mediator shall:
(i) Offer or deliver services, other than Mediation services on any issue involving these same two Parties, raised in the proceeding for a period of at least six months from the time the last Mediation proceeding was concluded.
(ii) Solicit or accept from any person or entity, either directly or indirectly, anything of value that could reasonably be expected to influence the actions or judgment of the mediator in his or her capacity as a mediator or if it could reasonably be considered to be a reward for any Action or inaction by the mediator in his or her capacity as a mediator.
(iii) Use or attempt to use his or her position as a mediator to gain unlawful benefits, advantages or privileges for himself or herself, or for others.
(d) A mediator shall disclose to the Board and to the Parties to a Mediation proceeding, every potential conflict of interest and every other matter which may affect the mediator's ability to act in a fair, diligent and impartial manner in the proceeding. A mediator shall withdraw from the proceeding if the mediator is unable to act in a fair and impartial manner.
(a) Mediators shall be compensated at a rate consistent with the information contained in their background questionnaires and agreed upon by the Parties. The Board shall establish a maximum hourly fee for Mediation services.
(b) Mediators will receive compensation for travel, and per diem, in an amount agreed upon by both Parties, provided the per diem and mileage shall not exceed the amount allowed state employees.
(c) Mediators shall be reimbursed for other necessary expenses agreed to by both Parties and the Board.
(d) Under W.S. 11-41-105 (c) the Parties in the Mediation process shall share the costs of Mediation equally.
(e) Mediators who receive funds in advance shall maintain a trust account for handling all funds received from Mediation. Mediators shall, at the termination of Mediation, file with the Parties and the Board a statement listing the number of hours of Mediation conducted, total charges for Mediation, any compensation for travel or per diem request, and any balance remaining in the trust account. Any balance remaining in the trust account following the termination of Mediation shall be returned to the Parties within (30) thirty days.