Farm Debt Mediation Act 2018

a farmer is presumed to have refused to participate in mediation in the following circumstances:

the farmer has failed to take part in mediation in good faith or has not entered into or proceeded with mediation within 3 months of a notice of availability under section 8 being given or a request for mediation under section 9 being made (as the case may require);

the farmer has notified the Commission or creditor that the farmer does not wish to enter into or proceed with mediation in respect of the farm debt;

the farmer has failed to respond within 28 days to an invitation that—

is made by the creditor in a manner and form approved by the Commission; and

invites the farmer to attend a mediation session; and

indicates that a failure of the farmer to respond to the invitation might be taken to be an indication that the farmer refuses to take part in mediation in respect of the farm debt;

a creditor is presumed to have refused to participate in mediation in the following circumstances:

the creditor has failed to take part in mediation in good faith or has not entered into or proceeded with mediation within 3 months of a notice of availability under section 8 being given or a request for mediation under section 9 being made (as the case requires);

the creditor has notified, in a manner and form approved by the Commission, the Commission or the farmer that the creditor does not wish to enter into or proceed with mediation in respect of the farm debt.