Section 11-41-106 – Confidentiality of Records.
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 and are not public records under W.S. 16-4-201 through 16-4-205. (b) All data regarding the finances of individual borrowers and creditors which is created, collected and maintained by agricultural mediators and which […]
Section 11-41-107 – Suspension of Court or Agency Action to Allow for Voluntary Mediation.
11-41-107. Suspension of court or agency action to allow for voluntary mediation. (a) During the pendency of any action brought by parties to the mediation process, the court, or agency if filed before an agency, may, upon the written stipulation of all parties to the action that they wish to engage in mediation under this […]
Section 11-41-108 – Mediation Process.
11-41-108. Mediation process. (a) Any conflict between two (2) parties which involves agriculture or natural resources may be subject to mediation. This may include, but not be limited to, conflicts between federal, state and local agencies, individuals and organizations. No creditor shall institute an action as defined in this chapter without first notifying the borrower […]
Section 11-41-109 – Effect of Mediation.
11-41-109. Effect of mediation. The parties may at any time withdraw from mediation. The parties have full responsibility for reaching and enforcing any agreement among them. After the expiration of the sixty (60) day period under W.S. 11-41-108(d) or the time period specified in the suspension order under W.S. 11-41-107, the mediation process shall terminate […]
Section 11-41-110 – Effect on Other Creditors; No Delay.
11-41-110. Effect on other creditors; no delay. With respect to mediation between parties before an action has been initiated to which they are parties, no agreement to mediate, or the fact that mediation is currently occurring, shall have the effect of delaying, postponing or extending any time limits in any legal proceeding commenced to enforce […]
Section 11-41-101 – Short Title.
11-41-101. Short title. This chapter is known and may be cited as the “Agriculture Mediation Service Act of 1987”.
Section 11-41-102 – Definitions.
11-41-102. Definitions. (a) As used in this chapter: (i) “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. “Action” also includes any matter filed in a court […]
Section 11-41-103 – Agriculture Mediation Board Created; Membership.
11-41-103. Agriculture mediation board created; membership. (a) There is created in the governor’s office the agriculture mediation board which consists of six (6) members, five (5) of whom shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103. The director of the department of […]
Section 11-41-104 – Powers and Duties of the Board.
11-41-104. Powers and duties of the board. (a) The board shall: (i) Prepare all forms necessary for the administration of this chapter and shall ensure that forms are disseminated and that the availability of mediation under this chapter is publicized; (ii) Promulgate rules and regulations necessary to implement this chapter. The rules may define owners […]
Section 11-41-105 – Selection of Mediators; Duties; Compensation; Immunity.
11-41-105. Selection of mediators; duties; compensation; immunity. (a) The board shall select mediators and shall establish training standards for mediators which shall include training in mediation processes 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 of differences between […]