54-13-16. Statement of waiver or failure to reach agreement deemed release.
If the borrower waives mediation or if a mediation agreement is not reached, a statement to that effect shall be prepared by the mediator and such statement shall constitute a mediation release. Unless the borrower waives mediation, a creditor may not receive a mediation release pursuant to §54-13-10 until that creditor has attended at least one scheduled mediation meeting.
Source: SL 1988, ch 384, §16.
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.