Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 19 - DEPARTMENT OF AGRICULTURE, ADMINISTRATIVE DIVISION
Chapter 2 - FARM MEDIATION REGULATIONS
Section 19-2-004 - Mediation
Current through September 17, 2024
004.01 A request for mediation shall be submitted in writing on a form provided by the administrator. The request form shall be signed by the party requesting mediation and shall include the names, addresses, and telephone numbers of the parties who are being requested to mediate. The request may be made by any party .
004.02 Notice of the request for mediation shall be sent to all parties listed on the request and shall include a consent to mediate. The party requesting mediation shall be notified of the other parties' intention to participate in mediation.
004.03 No written agreement set forth in § 2-4811 of the Act shall become final until all parties have had the opportunity to have the agreement reviewed unless all of the parties waive, in writing, the review period.
004.04 Each party participating in mediation shall be charged the hourly rate set by the contract established between the administrator and the farm mediation service per hour for the actual time spent in mediation meetings. In cases of extreme financial hardship, such fee may be waived in whole or in part. The fee shall be collected by the farm mediation service as set forth in § 2-4806 of the Act .
004.05 Any party to mediation may request a substitution of the mediator. The request shall be made, in writing, to the administrator and shall specify the reason for the request. The administrator may order a substitution if it determines that a conflict of interest exists or that there are reasonable grounds to believe that a mediator cannot act fairly and impartially in the matter. The substitution shall be issued in writing and delivered to all parties participating in mediation.
004.06 All mediation meetings shall be confidential with only the mediator, the parties consenting to mediate, and their representatives or advisors present. Other persons may be present at such a meeting only upon the express consent of all participating parties. All persons present at the mediation meeting shall sign a statement agreeing to abide by the confidentiality requirements.
