Right to attorney — Duties of mediator

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  1. (a)

    1. (1) A farmer or other party has the right to be represented by an attorney at any mediation meeting or hearing.

    2. (2) A waiver of this right before any mediation meeting or hearing is ineffective.

  2. (b) At the initial mediation meeting and subsequent meetings, the mediator shall:

    1. (1) Listen to the farmer and the creditors desiring to be heard;

    2. (2) Attempt to mediate between the farmer and the creditors to reach a consensus where possible;

    3. (3) Advise the farmer and creditor as to the existence of available assistance programs;

    4. (4) Encourage the parties to adjust, refinance, or provide for the payment of the farmer's debts; and

    5. (5) Advise, counsel, and assist the farmer and creditors in attempting to arrive at an agreement for the future conduct of financial relations among the parties or to arrive at a settlement which may be stipulated to in court for the resolution to the court action.


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