Oregon Statutes - Chapter 36 - Mediation and Arbitration - Section 36.250 - Definitions for ORS 36.250 to 36.270.

As used in ORS 36.250 to 36.270:

(1) “Agricultural producer” means a person who owns or is purchasing agricultural property for use in agriculture whose gross sales in agriculture averaged $20,000 or more for the preceding three years.

(2) “Agricultural property” means real property that is principally used for agriculture.

(3) “Agriculture” means the production of livestock, poultry, field crops, fruit, dairy, fur-bearing animals, Christmas trees, vermiculture products, food fish or other animal and vegetable matter.

(4) “Coordinator” means the Director of Agriculture or a designee of the Director of Agriculture.

(5) “Creditor” means the holder of a mortgage or trust deed on agricultural property, a vendor of a real estate contract for agricultural property, a person with a perfected security interest in agricultural property or a judgment creditor with a judgment against an agricultural producer.

(6) “Financial analyst” means a person knowledgeable in agriculture and financial matters that can provide financial analysis to aid the agricultural producer in preparing the financial information required under ORS 36.256. Financial analyst may include county extension agents or other persons approved by the coordinator.

(7) “Mediation” means the process by which a mediator assists and facilitates an agricultural producer and a creditor in a controversy relating to the mortgage, trust deed, real estate contract, security interest or judgment that the creditor has in the agricultural property of the agricultural producer in reaching a mutually acceptable resolution of the controversy and includes all contacts between the mediator and the agricultural producer or the creditor, until such time as a resolution is agreed to by the agricultural producer and the creditor or until the agricultural producer or the creditor discharges the mediator.

(8) “Mediation service” means a person selected by the coordinator to provide mediation under ORS 36.250 to 36.270.

(9) “Mediator” means an impartial third party who performs mediations.

(10) “Person” means the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity. [1989 c.967 §2; 2001 c.104 §9; 2005 c.657 §3]

Note: 36.250 to 36.270 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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Last modified: August 7, 2008