Information for farmers

Mediation provides a structured negotiation process where the mediator, as a neutral and independent person, can assist the farmer and mortgagee to bring about an agreement on matters relating to the farm business debt.

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Important steps towards mediation 

Mediation is an impartial and independent process that helps farmers and mortgagees attempt to come to an equitable resolution relating to farm business debts. 

As a neutral and independent person, the mediator aims to help the farmer and mortgagee come to an agreement to prevent a mortgagee foreclosing on a farm business debt. 

In most matters, the farmer will receive a Notice S14 Inviting a Request for Mediation (PDF, 157KB) from the mortgagee, accompanied by a Notice S15 Request for Mediation Incorporating Nomination of Mediators and Request for Documents (PDF, 149KB) and a Mediation Information Package (PDF, 294KB). The farmer may request mediation to discuss the farm debt or alternatively elect to refuse mediation.

Watch this video to find out the steps the farmer should take if they receive a S14 Notice from their lender/mortgagee.

 

 The following steps outline the process and notices undertaken by the farmer when the mortgagee initiates mediation.

If an agreement is reached, a Form 1 Heads of Agreement (PDF, 129KB) is prepared or supervised by the mediator and signed by both parties with a Form 2 Summary of Mediation completed and signed by all parties and forwarded to QRIDA.

 

Obligations

  • The farmer should get the right advice to ensure they are well supported throughout the mediation process.
  • The farmer is entitled to more than one advisor.
  • Be prepared and participate in mediation in good faith. Refer to the Good Faith Information Sheet (PDF, 922KB).

Alternative options

More information

Visit Farm Business Debt Mediation for more information including frequently asked questions.

Mediation tips 

If the farmer undergoes Farm Business Debt Mediation, they should keep the following tips in mind to help them prepare and improve their chances of the best possible outcome.

Seek support as soon as possible: If the farmer is facing financial difficulties, it’s important they seek support and advice early to assess their options. The Rural Financial Counselling Service and Legal Aid Queensland are great resources, but the farmer's accountant or solicitor can also assist.

Choose to have an advisor present: Farmers are entitled to have one or more advisors present in mediation meetings, in addition to helping them prepare. Farmers should consider bringing a professional who they trust, who knows their business and situation, and can help them understand the process if necessary. This could be their solicitor, accountant or business consultant. The mediator will also ensure the farmer is well supported.

Get familiar with the relevant documentation: The farmer should take the time to get familiar with documents containing their financial position and other details that may be relevant at mediation. This could include a current and realistic market valuation of their property, a list of plant and equipment, cashflow budgets, livestock or cropping programs and copies of the last three years' taxation figures.

Consider the other party: The farmer should ask themselves what they know about the other party. What internal and external constraints is the other party operating under, and what options are likely to be acceptable to them? Understanding other perspectives will help the farmer prepare.

Prepare for a range of outcomes: Farm Business Debt Mediation aims to find an equitable resolution for both farmer and mortgagee, so the farmer should be prepared to compromise. A good way for the farmer to prepare is to consider as many outcomes as possible, determine which are practical and could satisfy their needs, and develop arguments for each.

Last updated: 25 November 2024