2-4812. Mediator; duties; confidentiality required.
(1) At the initial mediation meeting and any subsequent meetings, the mediator associated with the farm mediation service shall:
(a) Listen to every party desiring to be heard;
(b) Attempt to mediate between the parties;
(c) Allow for exploration of legitimate and fair interests of the parties; and
(d) Advise the parties as to the existence of any available assistance programs including financial preparation and legal assistance.
(2) All documents and data regarding the finances of borrowers and creditors or the involvement of parties in an adverse decision from a United States Department of Agriculture agency which are created, collected, and maintained by the farm mediation service shall not be public records and shall be held in strict confidence by the farm mediation service and all parties to the mediation. If all parties consent to disclosure, such information may be disclosed pursuant to the terms of the consent.
(3) No mediation shall commence until the mediator makes a statement to the effect of language contained in subsection (2) of this section. At the end of a mediation session, the mediator shall obtain a signed statement by all parties to the mediation agreeing to abide by the requirements of this section.
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