(a) Under W.S. 11-41-108(e) The Board shall provide the Parties with the names, mailing addresses, and qualifications background information received under Section 7 of mediators, located in the geographical area in which the Agricultural property or Farmer is located.
(b) Selection of Mediator. The Parties shall notify the Board, by certified letter within seven (7) days of the receipt of the list of mediators, of their selection. The Board shall treat the silence of the Parties as a request for assistance in selecting a mediator. Upon the written request of the Parties or following the expiration of the seven (7) day period, the Board shall designate a mediator. All Parties shall be given notice of the mediator selected by the Board and any Party shall have the right, by written request, to direct the Board to select a different mediator prior to the initial Mediation meeting.
(c) Every mediator shall enter into a written agreement setting forth the terms, conditions, time lines and estimated cost for the Mediation services to be provided. The agreement shall: - (i) Be signed by the mediator and all Parties to the Mediation process;
- (ii) Unless otherwise specified by a court suspension order under W.S. W.S. W.S. 11-41-107, provide that the Mediation process shall terminate sixty (60) days-after the appointment of the mediator, unless extended by unanimous agreement of the Parties;
- (iii) Incorporate a statement agreeing to follow the written terms of any mutual agreement arising out of the Mediation process.
- (iv) Under W.S. W.S. W.S. 11-41-108(e) if no Action has been initiated to which the disputing Farmer and Creditor are Parties, the Board shall identify the Parties to any Mediation under this Chapter and shall require all Parties to enter into an agreement to refrain from initiating any Action among the Parties affecting this subject matter of the Mediation for a sixty (60) day period;
- (v) If an Action has already commenced, then provide a statement by the Parties that they have obtained a Stipulation to mediate filed in any pending Action and a suspension order signed by a district court judge.
- (vi) Include a statement prepared by the mediator, which sets forth the guidelines under which the mediator will conduct the Mediation proceedings; and
- (vii) Describe the hourly fees and compensation for travel, per diem and other necessary expenses, to be reviewed by the Board.