Wyo. Code R. 010-0006-1
Effective Date: 01/21/1988 to 07/18/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 010.0006.1.01211988
CHAPTER I
Section 1. Principal Reasons for Adoption of Rules. These Rules and Regulations implement the Agriculture Mediation Service Act of 1987 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 provide financially troubled farmers and ranchers and their creditors a neutral and effective alternative to litigation in order to examine, discuss and work out their financial difficulties and to improve communication between parties.
Section 2. Authority. These Rules and Regulations are adopted pursuant to the Agriculture Mediation Service Act of 1987, W.S. 11-41-101 through W.S. 11-41-110.
Section 3. Definitions. As used in this Chapter;
(a) "Act" means the Agriculture Mediation Service Act of 1987, W.S. 11-41-101 through 11-41-110;
(b) "Action" 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;
(c) "Agricultural property" 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" means the agriculture mediation board;
(e) "Creditor" 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" 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" means the employment and operation of real property for the production of agricultural products:
(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) 'Mediation' 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.
(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.
(ii) An approved training program shall provide at least 30 hours of course work in mediation process, resolving conflicts, farm finance and management and the farm credit system and practices. The board shall establish a listing of approved training programs and shall certify each mediator who has attended and satisfactorily completed the training requirements.
(iii) Individuals with dispute resolution experience at the time the agriculture mediation act of 1987 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) Listen to the borrower and the creditors desiring to be heard;
(ii) Attempt to mediate between the borrower and the creditors;
(iii) Inform the borrower and the creditors as to the existence of available assistance programs;
(iv) Encourage the parties to adjust, refinance, or provide for payment of the debts;
(v) Assist the borrower and creditors in attempting to arrive at an agreement for the future conduct of financial relations among them;
(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.
(c) Mediators shall complete and submit to the Board a semi-annual questionnaire on a form prepared by the Board.
(d) The Board will annually review and renew the certificates of those Mediators who have demonstrated satisfactory performance of their mediation responsibilities.
(a) A request for mediation shall be submitted to the Board in writing, on a form provided by the Board. A request for mediation shall include:
(i) The name and address of each party, or the representative of each party, with whom the requesting party seeks to mediate.
(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 debt in issue.
(b) The request form shall be signed by the farmer and at least one creditor and shall be accompanied by an agreement to mediate which is more fully described in Subsections c and e of Section 5 of these rules. Any party requesting mediation may submit a request signed by that person and the name and address of the party or parties with whom mediation is requested. The Board shall forward copies of the mediation request and an agreement to mediate to the named parties along with an explanation of the mediation process.
(c) A request for mediation shall be submitted to the Agriculture Mediation Board, in care of the Office of the Attorney General, State Capitol Building Cheyenne, WY 82002. Request forms may be obtained from the same address.
(d) No mediation shall be conducted until all parties participating shall sign an agreement to mediate, on a form provided by the Board.
(i) A separate form may be signed by each party.
(ii) No mediation may be initiated without receipt by the board of an agreement to mediate from the farmer and at least one creditor.
(iii) Additional parties may also participate in a mediation proceeding by signing an agreement to mediate and by obtaining the consent of the parties signing the request for mediation.
(e) The Agreement to Mediate shall contain:
(i) a statement authorizing the Board to appoint a mediator, or reserving the party's right to select a mediator from among a list of potential mediators provided by the Board.
(ii) an agreement not to subpoena either mediator or data gathered for mediation proceeding to prove facts alleged in an action concerning the same subject matter.
(iii) A statement agreeing to hold the mediator harmless for any good faith act or omission within the scope of performance of his powers and duties.
(iv) A statement agreeing to follow the written terms of any mutual agreement arising out of the mediation process.
(v) If no action has been initiated to which the farmer and creditor are parties, a statement agreeing not to commence any action among the parties affecting the subject matter of the mediation for a sixty (60) day period from the date of appointment of the mediator.
(f) A copy of the Stipulation to Mediate filed in any pending action and a copy of the suspension order signed by a district court judge shall be submitted with the request form.
(a) After a mediator is appointed, the farmer requesting mediation shall complete a confidential background questionnaire provided by the Board. The questionnaire shall be given to the mediator at the initial mediation meeting.
(a) Upon request for 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) The Board may also refer the farmer 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.
(iv) Fees charged for rendering of financial analysis.
(a) The Board will provide the parties with the names and addresses of qualified mediators, located in the geographical area of the agricultural property. The parties shall notify the Board, by certified letter within seven 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 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, upon written request, to direct the Board to select a different mediator prior to the initial mediation meeting.
(b) 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) Contain a statement prepared by the mediator, which sets forth the guidelines under which the mediator will conduct the mediation proceedings.
(iv) Describe the hourly fees and compensation for travel, per diem and other necessary expenses, to be reviewed by the Board.
(c) The mediator may not compel a settlement.
(d) A party may withdraw from mediation at any time prior to final agreement or other conclusion of the mediation proceedings.
(e) 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.
Section 9. Mediation Proceedings. Mediation proceedings shall be conducted by the mediator at times and locations which are agreed upon by the parties and the mediator. The mediator may hold joint or separate meetings with the parties, and the mediator may request other persons to participate in the mediation proceedings. Parties may have representatives present at mediation sessions. The mediator shall regulate the proceedings to prevent disruptions, and may terminate mediation sessions in his or her discretion.
(a) Interim and final agreements of the parties, if any, shall be reduced to writing. Upon the request of parties to the mediation, 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. An agreement is subject to applicable laws and court orders, and is subject to the exercise of rights by persons not parties to the 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 thing of value, either directly or indirectly, in return for making a referral.
(b) Mediators shall keep confidential all information and records obtained in connection with a mediation proceeding, except upon agreement with the parties and the Board.
(c) With respect to the parties to the mediation, no mediator shall:
(i) Offer or deliver services, other than mediation services on any issue raised in the proceeding.
(ii) Solicit or accept from any person or entity, either directly or indirectly, anything of value if the thing of value 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) Disclose confidential information gained as a result of his or her service as a mediator, or use the information in any way which could result in the receipt of anything of value by the mediator or any person or organization with which the mediator is associated.
(iv) 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 of $25 per hour per mediation.
(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) The Creditor and Farmer will share equally the costs of mediation. Each mediator 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 days.