Programs and Services

The Manitoba Farm Mediation Board

PURPOSE OF PROGRAM/SERVICE

The Manitoba Farm Mediation Board is established pursuant to The Family Farm Protection Act. Its purpose is to provide mediation as an alternative to legal action by creditors in situations in which farmers are unable to meet their obligations. If the concerned parties are able to reach a settlement, the Board can assist in developing a written debt settlement agreement.

The Manitoba Farmers Peer Advisory Committee, also established pursuant to The Family Farm Protection Act, may (upon application to the Board) provide financial and management advisory services to farmers experiencing financial difficulty and render any other service, advice and assistance to a farmer deemed appropriate or necessary in the circumstances.

In cases of foreclosures on farm land, a creditor must first apply to the courts for permission to do so and the Board must report to the court on the results of attempts to mediate between the concerned parties. The court uses this report in considering whether or not to grant a creditor the right to foreclose. Farmers are not required to use mediation services provided by the Board and may sign a waiver to this affect.

WHO QUALIFIES

There are three main ways to apply to the Board:

Application for Leave - A creditor wishing to foreclose, cancel an agreement for sale, or take other action that would deprive a farmer of ownership of farm land must first apply to the courts for permission to do so. The creditor must provide the Board with a copy of the application, at which time the Board will contact the farmer to begin the mediation process. The Board must then file a report to the court within 90 days outlining the results of the mediation process.

Voluntary Application (farmer) - A farmer who encounters financial difficulty may apply to the Board requesting mediation or financial advisory services, even if the creditor has not taken any legal action.

Voluntary Application (creditor) - Creditors may also voluntarily apply to the Board for mediation in situations in which they are having difficulty resolving issues involving their farmer clients.
Most of the applications made to the Board are voluntary. There are no fees for the service.

AVAILABLE BENEFITS/ASSISTANCE

Mediation provides a forum in which a settlement may be reached without further pressures being applied by either party. It is expected that all parties in mediation shall act in good faith, participating directly and sincerely in negotiations, while maintaining the status quo.

In addition to mediation services, financial and management advisory services are provided by the Manitoba Farmers Peer Advisory Committee.

WHO TO CONTACT

Robert (Bob) McKenzie
Program Specialist
Boards, Commissions & Legislation
812-401 York Ave.
Winnipeg, MB R3C 0P8
Phone: (204) 945-0359 in Winnipeg
1-800-282-8069 toll-free in Manitoba
Fax: (204) 945-1489

MANITOBA FARM MEDIATION BOARD

Ken Caldwell, Chair Rossburn	Bragi Sigmundsson, Vice-Chair Arborg	Gaylene Dutchyshen, Gilbert Plains
Louis Balcaen, La Broquerie	Fred Embryk, Grandview
Gerry Friesen, Wawanesa	Ron Kostesky Rossburn