This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 2080: Friday, April 28, 1995

Page 17

 1   and place for an initial mediation meeting between the
 2   parties and a mediator directed by the farm mediation
 3   service to assist in mediation.  An initial mediation
 4   meeting shall be held within twenty-one days of the
 5   issuance of the mediation meeting notice.
 6     Sec. ___.  NEW SECTION.  654C.3  DUTIES OF THE
 7   MEDIATOR.
 8     At the initial mediation meeting and subsequent
 9   meetings, the mediator shall:
10     1.  Listen to all involved parties.
11     2.  Attempt to mediate between all involved
12   parties.
13     3.  Encourage compromise and workable solutions.
14     4.  Advise, counsel, and assist the parties in
15   attempting to arrive at an agreement for the future
16   conduct of relations among themselves.
17     Sec. ___.  NEW SECTION.  654C.4  MEDIATION PERIOD.
18     The mediator may call mediation meetings during the
19   mediation period, which is up to forty-two days after
20   the farm mediation service received the mediation
21   request.  However, if all parties consent, mediation
22   may continue after the end of the mediation period.
23     Sec. ___.  NEW SECTION.  654C.5  MEDIATION
24   AGREEMENT.
25     1.  If an agreement is reached between all parties,
26   the mediator shall draft a written mediation
27   agreement, which shall be signed by the parties.  The
28   mediation release shall provide for a waiver which the
29   mediator shall file in the office of the recorder of
30   deeds of the county in which the benefited land is
31   located, as provided in section 455B.165.  The
32   mediator shall forward a mediation agreement to the
33   farm mediation service.
34     2.  The parties shall participate in at least one
35   mediation meeting.  A party to a dispute may be
36   represented by another person, if the person
37   participates in mediation and has authority to discuss
38   the dispute on behalf of the party being represented.
39   This section does not require a party to reach an
40   agreement.  This section does not require a person to
41   change a position, alter an activity which is a
42   subject of the dispute, alter an application for a
43   permit for construction of an animal feeding
44   operation, or restructure a contract.
45     3.  The parties to the mediation agreement may
46   enforce the mediation agreement as a legal contract.
47     4.  If the parties do not agree to proceed with
48   mediation, or if a mediation agreement is not reached,
49   the parties may sign a statement prepared by the
50   mediator that mediation proceedings were not conducted

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/02000/02080.html
jhf