§ 654b-8

654B.8 Mediation release. 1. If an agreement is reached between all parties, the mediator shall draft a written mediation agreement, have it signed by the parties, and submit the agreement to the farmmediation service. 2. a. The mediator shall issue a mediation release unless the other party desiring to initiate a civil proceeding to resolve the dispute fails to personally attend and participate inall mediation meetings. The mediator shall issue a mediation release if the farm residentwaives or fails to personally attend and participate in all mediation meetings, regardless ofparticipation by the other party. However, if the other party or the farm resident is not anatural person, the other party or farm resident must be represented by a natural personwho is an officer, director, employee, or partner of the other party or farm resident. If aperson acts in a fiduciary capacity for the other party or farm resident, the fiduciary mayrepresent the other party or farm resident. If the other party or farm resident or eligiblerepresentative is not able to attend and participate as required in this paragraph due tophysical infirmity, mental infirmity, or other exigent circumstances

e other party or farm resident or eligiblerepresentative is not able to attend and participate as required in this paragraph due tophysical infirmity, mental infirmity, or other exigent circumstances determined reasonableby the farm mediation service, the other party or farm resident must be represented byanother natural person. Any representative of the other party or the farm resident must beauthorized to sign instruments provided by this chapter, including a mediation agreementor a statement prepared by the mediator that mediation was waived. This section does notrequire a party to reach an agreement. This section does not require a person to change aposition, alter an activity which is a subject of the dispute, or restructure a contract in orderto receive a mediation release. b. The mediator shall promptly notify a party by certified mail of a denial to issue a mediation release and the reasons for the denial. The notice shall state that the party hasseven days from the date that the notice is delivered to appeal the mediator’s decision,pursuant to procedures adopted by the service.

reasons for the denial. The notice shall state that the party hasseven days from the date that the notice is delivered to appeal the mediator’s decision,pursuant to procedures adopted by the service. After a final decision by the farm mediationservice, the party may seek an action for judicial review pursuant to section 654B.10. 3. The parties to the mediation agreement may enforce the mediation agreement as a legal contract. The agreement constitutes a mediation release. 4. If the parties waive mediation, or if a mediation agreement is not reached, the parties may sign a statement prepared by the mediator that mediation was waived or that the partiesdid not reach an agreement. If any party does not sign the statement, the mediator shall signthe statement. The statement constitutes a mediation release. 90 Acts, ch 1143, §22; 90 Acts, ch 1199, §10; 98 Acts, ch 1122, §3Referred to in §654B.1, 657.10 Sat Dec 23 12:22:24 2023 Iowa Code 2024, Section 654B.8 (15, 0)