654B.3  Mandatory mediation proceedings.

1. a.  A person who is a farm resident, or other party, desiring to initiate a civil proceeding to resolve a dispute, shall file a request for mediation with the farm mediation service. The person shall not begin the proceeding until the person receives a mediation release or until the court determines after notice and hearing that one of the following applies:

(1)  The time delay required for the mediation would cause the person to suffer irreparable harm.

(2)  The dispute involves a claim which has been brought as a class action.

b.  The requirements of paragraph "a" are jurisdictional prerequisites to a person filing a civil action that initiates a civil proceeding to resolve a dispute subject to this chapter.

2.  Upon receipt of the request for mediation, the farm mediation service shall conduct an initial consultation with each party to the dispute privately and without charge. Mediation may be waived after the initial consultation, if the parties agree.

3.  Unless mediation is waived by the parties to the dispute, the parties shall file with the farm mediation service information required by the service to conduct mediation.

Section History: Recent form

  90 Acts, ch 1143, §18; 2000 Acts, ch 1129, §2

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