Information for farmers

Important steps toward mediation 

The mediator, as a neutral and independent person, can assist the farmer (you) and the mortgagee with the aim to bring about an agreement to prevent a mortgagee foreclosing on farm business debt without undergoing a formal, impartial mediation process that seeks an equitable resolution during stressful times.

In the majority of matters you will receive an Intention to take Enforcement Action Notice from the mortgagee accompanied by an invitation to mediate and an information mediation package. You may request mediation to discuss the farm debt or alternatively elect to refuse mediation.

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

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

• The mortgagee serves you with a Notice S14 Enforcement Action (PDF, 129KB) along with a Mediation Information Package (PDF, 294KB) and with a copy to QRIDA
• You should review this Notice and supporting information carefully and seek advice
• You then respond within 20 business days by giving a Notice S15 Request for Mediation (PDF, 149KB) to the mortgagee that also includes their nomination of three mediators in preferred order and a request for copies of documents. Alternatively, you have the right to decline mediation.
• The mortgagee can accept the request for mediation by giving a Notice S16 Agreement or Refusal to Mediate (PDF, 122KB) within 15 business days
• You may also receive a request for documents notice that you need to comply with, within 30 business days
• The parties should agree on a mediator who arranges for the completion of a Form 8 Mediator Appointment (PDF, 143KB) (not necessarily the form provided by QRIDA)
• The mediator also reviews the overall matter and may suggest a pre-mediation conference
• The mediator facilitates a pre-mediation conference and finalises arrangements for mediation
• Mediation will be conducted on an agreed day, time and venue that's reasonably convenient to the farmer. It will be conducted with as little formality, technicality, and as quickly as possible.

If 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

• Getting the right advice to ensure you are well supported throughout the mediation process
• You are 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

• You can initiate mediation with the mortgagee. Key steps are detailed in the Mediation Information Package (PDF, 294KB)
• You have the responsibility to notify QRIDA if there is a change of mediator using the Notice S18B Change of Mediator (PDF, 128KB)
• You can discontinue mediation by giving a Notice S32 Discontinuing Mediation (PDF, 182KB)
• You can decline mediation by giving a Notice S53 Declining Mediation (PDF, 167KB)
• You can revoke a heads of agreement by giving a Notice S29 Revoking Heads of Agreement (PDF, 191KB)
• You can make an application for Form 3 Enforcement Action Suspension Certificate (PDF, 143KB) if the mortgagee has failed to mediate or mediate in good faith.