Mediation Services

 

Mediation Services for Farmers and Creditors
The Manitoba Farm Industry Board provides mediation services for farmers and creditors under The Family Farm Protection Act.  As an independent party, the board works with both parties to review the farmer’s financial situation and identify available options to resolve issues and avoid legal action.  The board can also provide farm financial counselling services for farmers.  There is no charge for the board’s services.
There are 3 ways to apply to the Manitoba Farm Industry Board:
1.    A creditor who wants to foreclose or carry out any action that would deprive a farmer of ownership of farmland must first ask the court’s permission to do so by filing an Application for Leave(PDF 206KB).   The creditor also serves a copy of that application on the farmer and to the board.  The board then contacts the farmer to ask if they want to take advantage of its mediation services.  The board must file a report to the court with respect to the application and provide a copy of the board report to both the creditor and the farmer.  The judge hearing the application for leave will consider the board’s report along with information provided by the parties to help the judge decide whether to grant a creditor leave.
 
2.    A farmer experiencing financial difficulties may contact the board for a review of their financial situation and to use its mediation services even if a creditor has not yet taken any legal action. See Application for Review from Creditor(PDF 79KB).
 
3.    A creditor may also apply to the board for assistance and mediation services to work out an arrangement for payment or settlement of a farm client’s debts as an alternative to initiating legal action. See Application for Review from Farmer(PDF 62KB).
 
Mediation works only if all parties agree to take part in the process.  The board does not have the authority to force the parties to participate or to accept a settlement offered by one of the parties.
For more information about the Manitoba Farm Industry Board please contact:
Address:  812-401 York Avenue
Phone: 204-945-3856
Fact Sheet: Family Farm Protection Act(PDF 361KB)