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The role of the parties' advisers and supporters is to help farmers prepare well for the mediation and to consider options realistically. Advisers may help the parties and the mediator to draft the terms of any settlement reached. It is essential that advisers have a clear understanding of the mediation process and sound financial skills. Farmers are entitled to have their solicitor attend the mediation.
If you are a farmer with a complaint about your creditor, the complaint is best directed in the first instance to your creditor by phone, email or letter. The creditor ought to respond to your complaint in writing. Some creditors have a Customer Advocate to help resolve complaints effectively. If your complaint is not resolved to your satisfaction, you may wish to contact an external dispute resolution provider such as the Australian Financial Complaints Authority. Farmers’ complaints about their creditor may be a contributing factor in a farm debt dispute. An early resolution of a complaint may avoid the need for farm debt mediation. Professional advice may help to identify the most appropriate forum for resolving a matter about a farm debt.
The Farm Debt Mediation Act may also be used for succession planning and negotiating a business restructure if informal mediation has not resolved the issues.
The NSW Rural Assistance Authority administers the Farm Debt Mediation Act and will provide information about the Act on request.