NAC561.090. Request for mediation.

     1. The Department will prescribe a form to be used by a creditor or borrower to request mediation. The form will include, but will not be limited to:

     (a) A brief description of the mediation process;

     (b) A statement that the creditor must have a person present during mediation who has the authority to negotiate and enter into an agreement on behalf of the creditor; and

     (c) A statement that the borrower and the spouse of the borrower, if he or she is married, must attend the mediation.

     2. A creditor or borrower may file a request for mediation with the Department if they agree to mediate an agricultural debt. The request must be on the form prescribed by the Department and be accompanied by:

     (a) An affidavit executed by the borrower which states that the debt is an agricultural debt made by the borrower;

     (b) A filing fee of $25;

     (c) The name, address and telephone number of the creditor and borrower;

     (d) The name, address and title of each person who will attend the mediation, if known;

     (e) The name, address and telephone number of the registered agent of the creditor; and

     (f) A statement of the location of the property which is the security for the agricultural debt. If the property is under the control of a third person, the form must state the name, address and telephone number of the third person, if known.

     (Added to NAC by Dep’t of Agriculture, eff. 10-30-90)