54-13-13. Mediation of indebtedness requested by borrower--Procedure--Attendance at meetings not required.
A borrower may request mediation of any type or amount of indebtedness by applying to the director of the agricultural mediation program. The director of the agricultural mediation program may make the appropriate mediation request forms available for such purpose. The director of the agricultural mediation program may follow the same procedure as for mandatory mediation. Neither the borrower nor the creditor may be required to attend any mediation meetings under this section. Failure to attend mediation meetings or to participate in mediation under this section does not affect the rights of a borrower or a creditor in any manner. Participation in mediation under this section is not a prerequisite to or a bar to the commencement of an action of legal proceedings by the borrower or the creditor. No mediation release may be issued unless the borrower and creditor agree in writing.
Source: SL 1988, ch 384, §13; SL 1991, ch 394, §10; SL 2001, ch 259, §11; SL 2015, ch 203, §35.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 13 - State Farm Mediation Board
Section 54-13-1 - Definition of terms.
Section 54-13-2 - Agriculture mediation program--Purposes--Administration.
Section 54-13-4 - Staff services--Employment of director and other employees--Payment of expenses.
Section 54-13-6 - Contracts with state agencies, nonprofit corporations, or individuals.
Section 54-13-7 - Assistance to borrower or creditor.
Section 54-13-10 - Mandatory mediation--Requirements--Voluntary mediation.
Section 54-13-12 - Length of mediation period--Notice to borrower--Additional meetings.
Section 54-13-14 - State or federal time periods deemed to run concurrently.
Section 54-13-16 - Statement of waiver or failure to reach agreement deemed release.
Section 54-13-17 - Time limitation on waiver by borrower.
Section 54-13-19 - Other rights and duties, penalties, and actions not affected.
Section 54-13-20 - Mediator or ag finance counselor immunity from civil liability--Qualifications.