Information for mediators
The main role of the mediator is to mediate impartially between the farmer and the mortgagee with the aim of reaching an agreement between the parties relating to the farm business debt.
Important steps for the mediator
Please note, QRIDA has ceased taking any further applications for mediator accreditation.
The following steps outline the process and notices used by the mediator.
- Arrange for the parties to agree in writing to the mediator appointment. Form 8 Mediator Appointment (PDF, 142KB) may be used but is not mandatory.
- Conduct mediations soon after agreement, at a place and time reasonably convenient for the farmer and with as little formality and technicality as possible
- If the parties agree at mediation, prepare, or supervise the Form 1 Heads of Agreement (PDF, 156KB)
- Ensure Form 1 Heads of Agreement has effect by being signed by all parties within 10 business days
- Ensure each party has a copy of the Heads of Agreement
- Prepare a Form 2 Summary of Mediation (PDF, 152KB) which must be signed by the mediator and all parties. If a party to mediation does not agree with the mediator’s opinion, their disagreement should be noted on the summary.
Mediators’ obligations
- Conduct mediation in terms of the principles outlined in section 2 of the Guidelines for Conducting Mediation (PDF, 270KB)
- Keep records about mediation conducted
- Ensure all details on the Register of Mediators is correct and advise of any change in details to QRIDA once known, including any change to National Accreditation or other accreditation Act status
- On appointment arrange and conduct mediation under the mediation guidelines
- If the Guidelines for Conducting Mediation do not provide for a particular matter then the mediator decides the matter
- Consider longer periods beyond 30 business days for provision of documents in consultation with the parties to mediation
- Consider approval of requests for agent representation at mediation including conditions that are reasonable to ensure the other party is not substantially disadvantaged
- Provide alternative options
- Call a pre-mediation conference
- Adjourn a mediation meeting if it is considered a party would be significantly disadvantaged.