This chapter is known and may be cited as the"Agriculture Mediation Service Act of 1987".
11-41-102. Definitions.
(a) As used in this chapter:
(i) "Action" means a court action by a creditoragainst a farmer for payment of a debt, to enforce or foreclose a securityinterest, lien or mortgage, or to repossess or declare a creditor's interest inreal property. "Action" also includes any matter filed in a court oflaw or before an agency by a party to resolve a dispute;
(ii) "Agricultural property" means real property thatis used principally for farming or ranching, real property that is a farmer'sprincipal residence and any land contiguous to the residence, personal propertythat is used as security to finance farming or personal property that is usedfor farming;
(iii) "Board" means the agriculture and naturalresource mediation board;
(iv) "Creditor" means any person who holds a mortgageon or is a vendor of a land contract for agricultural property, who has a lienon or security interest in agricultural property or who is a judgment creditorwith a judgment against a farmer affecting the farmer's agricultural property;
(v) "Farmer or rancher" means a person engaged infarming or ranching who owns or leases a total of sixty (60) acres or more ofland that is agricultural property and whose gross sales of farm products forthe preceding year equaled twenty thousand dollars ($20,000.00) or more;
(vi) "Farming or ranching" means the employment andoperation of real property for the production of agricultural products,including but not limited to:
(A) Raising, harvesting and selling crops, hay and otherproducts of the soil;
(B) Feeding, breeding, management and sale of livestock,poultry, fur bearing animals or honeybees, or the produce thereof; or
(C) Dairying and the sale of dairy products.
(vii) "Mediation" means the act of a neutral person inintermediating between or among contending parties with a view to assistingthem to adjust or settle their dispute by mutual agreement;
(viii) "Parties" means the primary decision makersengaged in the mediation process;
(ix) "Standing" means a person that is given theauthority to enter into a mediation process by the board.
(a) There is created in the governor's office the agriculturemediation board which consists of six (6) members, five (5) of whom shall beappointed by the governor with the advice and consent of the senate inaccordance with W.S. 28-12-101 through 28-12-103. The director of thedepartment of agriculture or his designee shall be a member of the board. Theboard shall elect a chairman from its members.
(b) Each appointed member shall serve a four (4) year term. Ifa vacancy occurs on the board, the governor with the advice and consent of thesenate shall appoint a person to serve the unexpired term. Initialappointments or any vacancy occurring between sessions of the legislature maybe filled by the governor in accordance with W.S. 28-12-101(b).
(c) Each appointed member of the board shall serve withoutcompensation.
11-41-104. Powers and duties of the board.
(a) The board shall:
(i) Prepare all forms necessary for the administration of thischapter and shall ensure that forms are disseminated and that the availabilityof mediation under this chapter is publicized;
(ii) Promulgate rules and regulations necessary to implementthis chapter. The rules may define owners and creditors of agriculturallyrelated businesses and permit owners and creditors of such businesses to participatein mediation subject to the same terms and conditions applicable to farmers andcreditors under this chapter. The rules may also define, for purposes of thischapter, persons who have standing to seek mediation, proper procedures forinitiating and conducting mediation processes and issues and subjects to whichmediation may be made which shall include wetlands determination, compliancewith farm programs, agricultural credit, rural water loan programs, grazing onpublic lands or other issues and subjects which the board considersappropriate.
(b) The board may employ and remove for cause administrative,technical and other personnel. The board may provide training programs forprospective mediators and obtain technical information when needed.
11-41-105. Selection of mediators; duties; compensation; immunity.
(a) The board shall select mediators and shall establishtraining standards for mediators which shall include training in mediationprocesses and conflict resolution.
(b) Mediators shall:
(i) Listen to the parties desiring to be heard;
(ii) Endeavor to create a climate conducive to the resolution ofdifferences between the parties;
(iii) Inform the parties as to the existence of availableassistance programs;
(iv) Repealed by Laws 1988, ch. 48, 2.
(v) Assist the parties in attempting to arrive at an agreement;
(vi) Assist in the preparation of a written agreement.
(c) Mediators shall be compensated in an amount approved by theboard. The parties in the mediation process shall share the costs of themediation equally. The board may establish a fee schedule to recover, to theextent possible, the board's administrative costs from the parties upon theexecution of a mediation agreement.
(d) Mediators, and University of Wyoming financial analysts andextension personnel to the extent they participate in mediations under thischapter, are immune from civil liability for any good faith act or omissionwithin the scope of the performance of their powers and duties under thischapter.
(e) After receiving a mediation request involving anagricultural debt, the board may refer the borrower to the University ofWyoming college of agriculture through the extension service or other financialanalysts skilled in assisting with farm debt matters. The financial analystshall assist the borrower in the preparation of information relative to thefinances of the borrower for the initial mediation meeting.
(f) Mediators may not compel a settlement.
11-41-106. Confidentiality of records.
(a) Upon acceptance and initiation of a mediation procedure,all documents and discussions, recorded or otherwise, shall be confidential andare not public records under W.S. 16-4-201 through 16-4-205.
(b) All data regarding the finances of individual borrowers andcreditors which is created, collected and maintained by agricultural mediatorsand which are not already matters of public record are confidential and are notpublic records under W.S. 16-4-201 through 16-4-205.
11-41-107. Suspension of court or agency action to allow for voluntarymediation.
(a) During the pendency of any action brought by parties to themediation process, the court, or agency if filed before an agency, may, uponthe written stipulation of all parties to the action that they wish to engagein mediation under this chapter, enter an order suspending the action.
(b) A suspension order under subsection (a) of this sectionsuspends all orders and proceedings in the action for the time period specifiedin the suspension order. In specifying the time period, the court or agencyshall exercise its discretion for the purpose of permitting the parties toengage in mediation without prejudice to the rights of any person. Thesuspension order may include other terms and conditions as the court or agencymay deem appropriate. The suspension order may be revoked upon motion of anyparty or upon motion of the court or agency.
(c) If all parties to the action agree, by written stipulation,that all issues before the court or agency are resolved by mediation under thischapter, the court or agency shall dismiss the action. If the parties do notagree that the issues are resolved or if the court or agency revokes thesuspension order under subsection (b) of this section, the action shall proceedas if no mediation had been attempted.
11-41-108. Mediation process.
(a) Any conflict between two (2) parties which involvesagriculture or natural resources may be subject to mediation. This mayinclude, but not be limited to, conflicts between federal, state and localagencies, individuals and organizations. No creditor shall institute an actionas defined in this chapter without first notifying the borrower of theavailability of mediation services under W.S. 11-41-101 through 11-41-110.
(b) A farmer or creditor wishing to resolve a dispute betweenthem involving the farmer's agricultural property and the creditor's interestin a mortgage, land contract, lien, security interest or judgment affecting theagricultural property, either before an action has been initiated to which theyare parties or after entry of a suspension order in an action to which they areparties under W.S. 11-41-107, may participate in mediation in accordance withthis chapter.
(c) To participate in mediation, the parties shall submit arequest for mediation, together with an agreement to mediate, to the board onforms prepared by the board.
(d) If no action has been initiated to which the farmer andcreditor are parties, the board shall identify the parties to any mediationunder this chapter and shall require all parties to enter into an agreement torefrain from initiating any action among the parties affecting the subjectmatter of the mediation for a sixty (60) day period.
(e) After the board has obtained the agreement or agreementsunder subsections (c) and (d) of this section, the board shall provide theparties with the names, mailing addresses and qualifications of mediatorslocated in the geographical area in which the agricultural property or farmeris located. The parties shall select a mediator or, upon request of theparties, the board shall designate a mediator for the parties.
11-41-109. Effect of mediation.
The parties may at any time withdraw frommediation. The parties have full responsibility for reaching and enforcing anyagreement among them. After the expiration of the sixty (60) day period underW.S. 11-41-108(d) or the time period specified in the suspension order underW.S. 11-41-107, the mediation process shall terminate unless extended byunanimous mutual assent of the parties.
11-41-110. Effect on other creditors; no delay.
With respect to mediation between partiesbefore an action has been initiated to which they are parties, no agreement tomediate, or the fact that mediation is currently occurring, shall have theeffect of delaying, postponing or extending any time limits in any legalproceeding commenced to enforce a mortgage, land contract, lien, securityinterest or judgment commenced by a creditor other than the creditor orcreditors participating in the mediation.
This chapter is known and may be cited as the"Agriculture Mediation Service Act of 1987".
11-41-102. Definitions.
(a) As used in this chapter:
(i) "Action" means a court action by a creditoragainst a farmer for payment of a debt, to enforce or foreclose a securityinterest, lien or mortgage, or to repossess or declare a creditor's interest inreal property. "Action" also includes any matter filed in a court oflaw or before an agency by a party to resolve a dispute;
(ii) "Agricultural property" means real property thatis used principally for farming or ranching, real property that is a farmer'sprincipal residence and any land contiguous to the residence, personal propertythat is used as security to finance farming or personal property that is usedfor farming;
(iii) "Board" means the agriculture and naturalresource mediation board;
(iv) "Creditor" means any person who holds a mortgageon or is a vendor of a land contract for agricultural property, who has a lienon or security interest in agricultural property or who is a judgment creditorwith a judgment against a farmer affecting the farmer's agricultural property;
(v) "Farmer or rancher" means a person engaged infarming or ranching who owns or leases a total of sixty (60) acres or more ofland that is agricultural property and whose gross sales of farm products forthe preceding year equaled twenty thousand dollars ($20,000.00) or more;
(vi) "Farming or ranching" means the employment andoperation of real property for the production of agricultural products,including but not limited to:
(A) Raising, harvesting and selling crops, hay and otherproducts of the soil;
(B) Feeding, breeding, management and sale of livestock,poultry, fur bearing animals or honeybees, or the produce thereof; or
(C) Dairying and the sale of dairy products.
(vii) "Mediation" means the act of a neutral person inintermediating between or among contending parties with a view to assistingthem to adjust or settle their dispute by mutual agreement;
(viii) "Parties" means the primary decision makersengaged in the mediation process;
(ix) "Standing" means a person that is given theauthority to enter into a mediation process by the board.
(a) There is created in the governor's office the agriculturemediation board which consists of six (6) members, five (5) of whom shall beappointed by the governor with the advice and consent of the senate inaccordance with W.S. 28-12-101 through 28-12-103. The director of thedepartment of agriculture or his designee shall be a member of the board. Theboard shall elect a chairman from its members.
(b) Each appointed member shall serve a four (4) year term. Ifa vacancy occurs on the board, the governor with the advice and consent of thesenate shall appoint a person to serve the unexpired term. Initialappointments or any vacancy occurring between sessions of the legislature maybe filled by the governor in accordance with W.S. 28-12-101(b).
(c) Each appointed member of the board shall serve withoutcompensation.
11-41-104. Powers and duties of the board.
(a) The board shall:
(i) Prepare all forms necessary for the administration of thischapter and shall ensure that forms are disseminated and that the availabilityof mediation under this chapter is publicized;
(ii) Promulgate rules and regulations necessary to implementthis chapter. The rules may define owners and creditors of agriculturallyrelated businesses and permit owners and creditors of such businesses to participatein mediation subject to the same terms and conditions applicable to farmers andcreditors under this chapter. The rules may also define, for purposes of thischapter, persons who have standing to seek mediation, proper procedures forinitiating and conducting mediation processes and issues and subjects to whichmediation may be made which shall include wetlands determination, compliancewith farm programs, agricultural credit, rural water loan programs, grazing onpublic lands or other issues and subjects which the board considersappropriate.
(b) The board may employ and remove for cause administrative,technical and other personnel. The board may provide training programs forprospective mediators and obtain technical information when needed.
11-41-105. Selection of mediators; duties; compensation; immunity.
(a) The board shall select mediators and shall establishtraining standards for mediators which shall include training in mediationprocesses and conflict resolution.
(b) Mediators shall:
(i) Listen to the parties desiring to be heard;
(ii) Endeavor to create a climate conducive to the resolution ofdifferences between the parties;
(iii) Inform the parties as to the existence of availableassistance programs;
(iv) Repealed by Laws 1988, ch. 48, 2.
(v) Assist the parties in attempting to arrive at an agreement;
(vi) Assist in the preparation of a written agreement.
(c) Mediators shall be compensated in an amount approved by theboard. The parties in the mediation process shall share the costs of themediation equally. The board may establish a fee schedule to recover, to theextent possible, the board's administrative costs from the parties upon theexecution of a mediation agreement.
(d) Mediators, and University of Wyoming financial analysts andextension personnel to the extent they participate in mediations under thischapter, are immune from civil liability for any good faith act or omissionwithin the scope of the performance of their powers and duties under thischapter.
(e) After receiving a mediation request involving anagricultural debt, the board may refer the borrower to the University ofWyoming college of agriculture through the extension service or other financialanalysts skilled in assisting with farm debt matters. The financial analystshall assist the borrower in the preparation of information relative to thefinances of the borrower for the initial mediation meeting.
(f) Mediators may not compel a settlement.
11-41-106. Confidentiality of records.
(a) Upon acceptance and initiation of a mediation procedure,all documents and discussions, recorded or otherwise, shall be confidential andare not public records under W.S. 16-4-201 through 16-4-205.
(b) All data regarding the finances of individual borrowers andcreditors which is created, collected and maintained by agricultural mediatorsand which are not already matters of public record are confidential and are notpublic records under W.S. 16-4-201 through 16-4-205.
11-41-107. Suspension of court or agency action to allow for voluntarymediation.
(a) During the pendency of any action brought by parties to themediation process, the court, or agency if filed before an agency, may, uponthe written stipulation of all parties to the action that they wish to engagein mediation under this chapter, enter an order suspending the action.
(b) A suspension order under subsection (a) of this sectionsuspends all orders and proceedings in the action for the time period specifiedin the suspension order. In specifying the time period, the court or agencyshall exercise its discretion for the purpose of permitting the parties toengage in mediation without prejudice to the rights of any person. Thesuspension order may include other terms and conditions as the court or agencymay deem appropriate. The suspension order may be revoked upon motion of anyparty or upon motion of the court or agency.
(c) If all parties to the action agree, by written stipulation,that all issues before the court or agency are resolved by mediation under thischapter, the court or agency shall dismiss the action. If the parties do notagree that the issues are resolved or if the court or agency revokes thesuspension order under subsection (b) of this section, the action shall proceedas if no mediation had been attempted.
11-41-108. Mediation process.
(a) Any conflict between two (2) parties which involvesagriculture or natural resources may be subject to mediation. This mayinclude, but not be limited to, conflicts between federal, state and localagencies, individuals and organizations. No creditor shall institute an actionas defined in this chapter without first notifying the borrower of theavailability of mediation services under W.S. 11-41-101 through 11-41-110.
(b) A farmer or creditor wishing to resolve a dispute betweenthem involving the farmer's agricultural property and the creditor's interestin a mortgage, land contract, lien, security interest or judgment affecting theagricultural property, either before an action has been initiated to which theyare parties or after entry of a suspension order in an action to which they areparties under W.S. 11-41-107, may participate in mediation in accordance withthis chapter.
(c) To participate in mediation, the parties shall submit arequest for mediation, together with an agreement to mediate, to the board onforms prepared by the board.
(d) If no action has been initiated to which the farmer andcreditor are parties, the board shall identify the parties to any mediationunder this chapter and shall require all parties to enter into an agreement torefrain from initiating any action among the parties affecting the subjectmatter of the mediation for a sixty (60) day period.
(e) After the board has obtained the agreement or agreementsunder subsections (c) and (d) of this section, the board shall provide theparties with the names, mailing addresses and qualifications of mediatorslocated in the geographical area in which the agricultural property or farmeris located. The parties shall select a mediator or, upon request of theparties, the board shall designate a mediator for the parties.
11-41-109. Effect of mediation.
The parties may at any time withdraw frommediation. The parties have full responsibility for reaching and enforcing anyagreement among them. After the expiration of the sixty (60) day period underW.S. 11-41-108(d) or the time period specified in the suspension order underW.S. 11-41-107, the mediation process shall terminate unless extended byunanimous mutual assent of the parties.
11-41-110. Effect on other creditors; no delay.
With respect to mediation between partiesbefore an action has been initiated to which they are parties, no agreement tomediate, or the fact that mediation is currently occurring, shall have theeffect of delaying, postponing or extending any time limits in any legalproceeding commenced to enforce a mortgage, land contract, lien, securityinterest or judgment commenced by a creditor other than the creditor orcreditors participating in the mediation.
This chapter is known and may be cited as the"Agriculture Mediation Service Act of 1987".
11-41-102. Definitions.
(a) As used in this chapter:
(i) "Action" means a court action by a creditoragainst a farmer for payment of a debt, to enforce or foreclose a securityinterest, lien or mortgage, or to repossess or declare a creditor's interest inreal property. "Action" also includes any matter filed in a court oflaw or before an agency by a party to resolve a dispute;
(ii) "Agricultural property" means real property thatis used principally for farming or ranching, real property that is a farmer'sprincipal residence and any land contiguous to the residence, personal propertythat is used as security to finance farming or personal property that is usedfor farming;
(iii) "Board" means the agriculture and naturalresource mediation board;
(iv) "Creditor" means any person who holds a mortgageon or is a vendor of a land contract for agricultural property, who has a lienon or security interest in agricultural property or who is a judgment creditorwith a judgment against a farmer affecting the farmer's agricultural property;
(v) "Farmer or rancher" means a person engaged infarming or ranching who owns or leases a total of sixty (60) acres or more ofland that is agricultural property and whose gross sales of farm products forthe preceding year equaled twenty thousand dollars ($20,000.00) or more;
(vi) "Farming or ranching" means the employment andoperation of real property for the production of agricultural products,including but not limited to:
(A) Raising, harvesting and selling crops, hay and otherproducts of the soil;
(B) Feeding, breeding, management and sale of livestock,poultry, fur bearing animals or honeybees, or the produce thereof; or
(C) Dairying and the sale of dairy products.
(vii) "Mediation" means the act of a neutral person inintermediating between or among contending parties with a view to assistingthem to adjust or settle their dispute by mutual agreement;
(viii) "Parties" means the primary decision makersengaged in the mediation process;
(ix) "Standing" means a person that is given theauthority to enter into a mediation process by the board.
(a) There is created in the governor's office the agriculturemediation board which consists of six (6) members, five (5) of whom shall beappointed by the governor with the advice and consent of the senate inaccordance with W.S. 28-12-101 through 28-12-103. The director of thedepartment of agriculture or his designee shall be a member of the board. Theboard shall elect a chairman from its members.
(b) Each appointed member shall serve a four (4) year term. Ifa vacancy occurs on the board, the governor with the advice and consent of thesenate shall appoint a person to serve the unexpired term. Initialappointments or any vacancy occurring between sessions of the legislature maybe filled by the governor in accordance with W.S. 28-12-101(b).
(c) Each appointed member of the board shall serve withoutcompensation.
11-41-104. Powers and duties of the board.
(a) The board shall:
(i) Prepare all forms necessary for the administration of thischapter and shall ensure that forms are disseminated and that the availabilityof mediation under this chapter is publicized;
(ii) Promulgate rules and regulations necessary to implementthis chapter. The rules may define owners and creditors of agriculturallyrelated businesses and permit owners and creditors of such businesses to participatein mediation subject to the same terms and conditions applicable to farmers andcreditors under this chapter. The rules may also define, for purposes of thischapter, persons who have standing to seek mediation, proper procedures forinitiating and conducting mediation processes and issues and subjects to whichmediation may be made which shall include wetlands determination, compliancewith farm programs, agricultural credit, rural water loan programs, grazing onpublic lands or other issues and subjects which the board considersappropriate.
(b) The board may employ and remove for cause administrative,technical and other personnel. The board may provide training programs forprospective mediators and obtain technical information when needed.
11-41-105. Selection of mediators; duties; compensation; immunity.
(a) The board shall select mediators and shall establishtraining standards for mediators which shall include training in mediationprocesses and conflict resolution.
(b) Mediators shall:
(i) Listen to the parties desiring to be heard;
(ii) Endeavor to create a climate conducive to the resolution ofdifferences between the parties;
(iii) Inform the parties as to the existence of availableassistance programs;
(iv) Repealed by Laws 1988, ch. 48, 2.
(v) Assist the parties in attempting to arrive at an agreement;
(vi) Assist in the preparation of a written agreement.
(c) Mediators shall be compensated in an amount approved by theboard. The parties in the mediation process shall share the costs of themediation equally. The board may establish a fee schedule to recover, to theextent possible, the board's administrative costs from the parties upon theexecution of a mediation agreement.
(d) Mediators, and University of Wyoming financial analysts andextension personnel to the extent they participate in mediations under thischapter, are immune from civil liability for any good faith act or omissionwithin the scope of the performance of their powers and duties under thischapter.
(e) After receiving a mediation request involving anagricultural debt, the board may refer the borrower to the University ofWyoming college of agriculture through the extension service or other financialanalysts skilled in assisting with farm debt matters. The financial analystshall assist the borrower in the preparation of information relative to thefinances of the borrower for the initial mediation meeting.
(f) Mediators may not compel a settlement.
11-41-106. Confidentiality of records.
(a) Upon acceptance and initiation of a mediation procedure,all documents and discussions, recorded or otherwise, shall be confidential andare not public records under W.S. 16-4-201 through 16-4-205.
(b) All data regarding the finances of individual borrowers andcreditors which is created, collected and maintained by agricultural mediatorsand which are not already matters of public record are confidential and are notpublic records under W.S. 16-4-201 through 16-4-205.
11-41-107. Suspension of court or agency action to allow for voluntarymediation.
(a) During the pendency of any action brought by parties to themediation process, the court, or agency if filed before an agency, may, uponthe written stipulation of all parties to the action that they wish to engagein mediation under this chapter, enter an order suspending the action.
(b) A suspension order under subsection (a) of this sectionsuspends all orders and proceedings in the action for the time period specifiedin the suspension order. In specifying the time period, the court or agencyshall exercise its discretion for the purpose of permitting the parties toengage in mediation without prejudice to the rights of any person. Thesuspension order may include other terms and conditions as the court or agencymay deem appropriate. The suspension order may be revoked upon motion of anyparty or upon motion of the court or agency.
(c) If all parties to the action agree, by written stipulation,that all issues before the court or agency are resolved by mediation under thischapter, the court or agency shall dismiss the action. If the parties do notagree that the issues are resolved or if the court or agency revokes thesuspension order under subsection (b) of this section, the action shall proceedas if no mediation had been attempted.
11-41-108. Mediation process.
(a) Any conflict between two (2) parties which involvesagriculture or natural resources may be subject to mediation. This mayinclude, but not be limited to, conflicts between federal, state and localagencies, individuals and organizations. No creditor shall institute an actionas defined in this chapter without first notifying the borrower of theavailability of mediation services under W.S. 11-41-101 through 11-41-110.
(b) A farmer or creditor wishing to resolve a dispute betweenthem involving the farmer's agricultural property and the creditor's interestin a mortgage, land contract, lien, security interest or judgment affecting theagricultural property, either before an action has been initiated to which theyare parties or after entry of a suspension order in an action to which they areparties under W.S. 11-41-107, may participate in mediation in accordance withthis chapter.
(c) To participate in mediation, the parties shall submit arequest for mediation, together with an agreement to mediate, to the board onforms prepared by the board.
(d) If no action has been initiated to which the farmer andcreditor are parties, the board shall identify the parties to any mediationunder this chapter and shall require all parties to enter into an agreement torefrain from initiating any action among the parties affecting the subjectmatter of the mediation for a sixty (60) day period.
(e) After the board has obtained the agreement or agreementsunder subsections (c) and (d) of this section, the board shall provide theparties with the names, mailing addresses and qualifications of mediatorslocated in the geographical area in which the agricultural property or farmeris located. The parties shall select a mediator or, upon request of theparties, the board shall designate a mediator for the parties.
11-41-109. Effect of mediation.
The parties may at any time withdraw frommediation. The parties have full responsibility for reaching and enforcing anyagreement among them. After the expiration of the sixty (60) day period underW.S. 11-41-108(d) or the time period specified in the suspension order underW.S. 11-41-107, the mediation process shall terminate unless extended byunanimous mutual assent of the parties.
11-41-110. Effect on other creditors; no delay.
With respect to mediation between partiesbefore an action has been initiated to which they are parties, no agreement tomediate, or the fact that mediation is currently occurring, shall have theeffect of delaying, postponing or extending any time limits in any legalproceeding commenced to enforce a mortgage, land contract, lien, securityinterest or judgment commenced by a creditor other than the creditor orcreditors participating in the mediation.
