93.50 Farm mediation and arbitration program.

921 words·~4 min read·/wi/chapter-93/93-50

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Action” means a court action involving a dispute described in sub.

(am)2. to 6. in which at least one party is a farmer or a court action by a creditor against a farmer for payment of a debt; to enforce or foreclose a security interest, lien or mortgage; or to repossess or declare a creditor’s interest in real property. “Action” includes garnishment, replevin, execution of judgment, involuntary receivership and supplementary creditor’s proceedings.

(am)“Agricultural property” means real property that is used principally for farming, real property that is a farmer’s principal residence and any land contiguous to the residence, personal property that is used as security to finance farming or personal property that is used for farming.

(c)“Creditor” means any person who has a claim against agricultural property or against a farmer affecting the farmer’s agricultural property, whether the claim is matured or unmatured, liquidated or unliquidated, secured or unsecured, fixed or contingent. “Creditor” includes the county treasurer of a county in which agricultural property is located if property taxes, special assessments that have been settled in full by the county under s. 74.29 , special charges or special taxes levied or assessed against the agricultural property are subject to a tax certificate issued under s. 74.57 .

(d)“Farmer” means a farmer, as defined in s. 102.04

(3), who owns or leases land that is agricultural property and whose gross sales of farm products for the preceding year equaled or exceeded the product of 2,088 multiplied by the federal minimum hourly wage under 29 USC 206

(a)1 ., except that the department may waive the gross sales requirement if the department determines that extraordinary personal circumstances warrant waiver.

(e)“Farming” has the meaning given under s. 102.04

(3).

(f)“Livestock feeding contract” means an agreement between a farmer and another person under which one party cares for and feeds livestock owned by the other party.

(g)“Procurement contract” has the meaning given for “vegetable procurement contract” in s. 126.55

(15).

(2)Mediators and arbitrators.

(a)Selection of mediators. The department shall select as mediators persons who have the character and ability to serve as mediators and who have knowledge of financial or agricultural matters or of mediation processes. The department shall ensure that each mediator receives sufficient training in mediation processes, resolving conflicts, farm credit and other subjects to develop or maintain the skills necessary to perform his or her functions under this section.

(am)Selection of arbitrators. The department shall select as arbitrators persons who have the character and ability to serve as arbitrators and who have knowledge of arbitration or other conflict resolution processes. The department may provide training in arbitration processes, resolving conflicts or agricultural issues as part of process of selecting arbitrators or to arbitrators selected by the department to enable arbitrators to maintain the skills necessary to perform their functions under this section.

(b)Compensation of mediators and arbitrators. Mediators and arbitrators shall be compensated for travel and other necessary expenses in amounts approved by the department.

(c)Immunity of mediators and arbitrators. Mediators and arbitrators are immune from civil liability for any act or omission within the scope of their performance of their powers and duties under this section.

(d)Forms and publicity. The department shall prepare all forms necessary for the administration of this section and shall ensure that forms are disseminated and that the availability of mediation and arbitration under this section is publicized.

(e)Exclusion from open records law. All mediators and arbitrators shall keep confidential all information and records obtained in conducting mediation and arbitration. The department shall keep confidential all information and records that may serve to identify any party to mediation and arbitration under this section. Any information required to be kept confidential under this paragraph may be disclosed if the department and the parties agree to disclosure.

(f)Rule making. The department may promulgate rules necessary to implement this section. The department may promulgate rules defining owners and creditors of agriculturally related businesses and permitting owners and creditors of such businesses to participate in mediation and arbitration subject to the same terms and conditions applicable to farmers and creditors under this section.

(2m)Suspension of court action to allow for voluntary mediation or arbitration.

(a)During the pendency of any action, the court may, upon the written stipulation of all parties to the action that they wish to engage in mediation or arbitration under this section, enter an order suspending the action.

(b)A suspension order under par.

(a)suspends all orders and proceedings for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation or arbitration without prejudice to the rights of any person. The suspension order may include such other terms and conditions as the court may deem appropriate. The suspension order may be revoked upon motion of any person or upon motion of the court.

(c)If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation or arbitration under this section, the court shall dismiss the action.

(d)If the parties do not agree under par.

(c)or if the court revokes the suspension order under par.

(b), the action shall proceed as if no mediation or arbitration had been attempted.

(3)Mediation process.