sec.44When a mortgagee has failed to mediate

sec.44 When a mortgagee has failed to mediate

This section applies if the farmer gives a request for mediation notice to the mortgagee. For section 43 , the mortgagee has failed to mediate in relation to the farm business debt if— the mortgagee does not respond to the notice within 15 business days after the notice was given; or the mortgagee has given the farmer a notice refusing the mediation; or the mortgagee has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or all of the following apply— the farmer and the mortgagee agreed to mediate in relation to the farm business debt; 3 months have elapsed since the request for mediation notice was given; during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith; there has been no satisfactory mediation between the farmer and the mortgagee. (sec.44-ssec.1) This section applies if the farmer gives a request for mediation notice to the mortgagee. (sec.44-ssec.2) For section 43 , the mortgagee has failed to mediate in relation to the farm business debt if— the mortgagee does not respond to the notice within 15 business days after the notice was given; or the mortgagee has given the farmer a notice refusing the mediation; or the mortgagee has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or all of the following apply— the farmer and the mortgagee agreed to mediate in relation to the farm business debt; 3 months have elapsed since the request for mediation notice was given; during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith; there has been no satisfactory mediation between the farmer and the mortgagee.

• (a) the mortgagee does not respond to the notice within 15 business days after the notice was given; or
• (b) the mortgagee has given the farmer a notice refusing the mediation; or
• (c) the mortgagee has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or
• (d) all of the following apply— (i) the farmer and the mortgagee agreed to mediate in relation to the farm business debt; (ii) 3 months have elapsed since the request for mediation notice was given; (iii) during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith; (iv) there has been no satisfactory mediation between the farmer and the mortgagee.
• (i) the farmer and the mortgagee agreed to mediate in relation to the farm business debt;
• (ii) 3 months have elapsed since the request for mediation notice was given;
• (iii) during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith;
• (iv) there has been no satisfactory mediation between the farmer and the mortgagee.