§ 654a-11

654A.11 Mediation release. 1. If an agreement is reached between the borrower and the creditors, the mediator shall draft a written mediation agreement, have it signed by the creditors, and submit theagreement to the farm mediation service. 2. The borrower and the creditors who are parties to the mediation agreement may enforce the mediation agreement as a legal contract. The agreement constitutes a mediationrelease. 3. a. If the borrower waives mediation, or if a mediation agreement is not reached, the borrower and the creditors may sign a statement prepared by the mediator that mediationwas waived or that the parties did not reach an agreement. If any party does not sign thestatement, the mediator shall sign the statement. The statement constitutes a mediationrelease. b. The mediator shall issue a mediation release unless the creditor fails to personally attend and participate in all mediation meetings. The mediator shall issue a mediationrelease if the borrower waives or fails to personally attend and participate in all mediationmeetings, regardless of participation by the creditor.

ation meetings. The mediator shall issue a mediationrelease if the borrower waives or fails to personally attend and participate in all mediationmeetings, regardless of participation by the creditor. However, if a creditor or borrower isnot a natural person, the creditor or borrower must be represented by a natural person whois an officer, director, employee, or partner of the creditor or borrower. If a person acts ina fiduciary capacity for the creditor or borrower, the fiduciary may represent the creditoror borrower. If the creditor or borrower or eligible representative is not able to attend andparticipate as required in this paragraph due to physical infirmity, mental infirmity, or otherexigent circumstances determined reasonable by the farm mediation service, the creditor orborrower must be represented by another natural person. Any representative of the creditoror borrower must be authorized to sign instruments provided by this chapter, including amediation agreement or a statement prepared by the mediator that mediation was waived.This section does not require the creditor or borrower to reach an agreement, includingrestructuring a debt, in order to receive a mediation

atement prepared by the mediator that mediation was waived.This section does not require the creditor or borrower to reach an agreement, includingrestructuring a debt, in order to receive a mediation release. 4. The mediator shall promptly notify a creditor by certified mail of a denial to issue a mediation release and the reasons for the denial. The notice shall state that the creditor hasseven days from the date that the notice is delivered to appeal the mediator’s decision to theadministrative head of the mediation service, pursuant to procedures adopted by the service.The notice shall state that the creditor may also request another mediation meeting. Theaction for judicial review shall be brought in equity, and the action shall be limited to whether,based on clear and convincing evidence, the decision of the administrative head is an abuseof discretion. The action may be brought either in the district court of Polk county or in thedistrict court in which the farmer or creditor resides. Upon reversing the decision by theservice, the court shall order that the service issue the mediation release.

ct court of Polk county or in thedistrict court in which the farmer or creditor resides. Upon reversing the decision by theservice, the court shall order that the service issue the mediation release. 86 Acts, ch 1214, §24; 89 Acts, ch 108, §4; 90 Acts, ch 1143, §11, 12; 98 Acts, ch 1122, §1Referred to in §654.2C, 654A.1, 656.8 Sat Dec 23 12:22:18 2023 Iowa Code 2024, Section 654A.11 (15, 0)