25Farmer-initiated mediation

25 Farmer-initiated mediation

(1)  A farmer who owes money to a Creditor under a farm mortgage may make a request to the Creditor inviting the Creditor to participate in mediation in respect of the farm debt concerned.

(2)  A mediation request under subsection (1)  –

(a) is to be in an approved form; and

(b) must specify that a failure by the Creditor to respond to the request, within the period specified in subsection (3) , may constitute a ground for the grant of a prohibition certificate; and

(c) may be made whether or not the farmer is in default under the farm mortgage; and

(d) may not be made if the Creditor has given the farmer a notice inviting mediation in respect of the farm debt.

(3)  A Creditor must respond, in an approved form, to a mediation request within 20 business days after receiving the request.