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Under recently amended Iowa law, mediation is a "jurisdictional prerequisite" to filing a civil action in a dispute between a "farm resident" and "other person," relating to a "care and feeding contract," according to the Supreme Court of Iowa.
In Klinge v. Bentien, No. 04-0843, 2006 WL 3691183 (Iowa Dec. 15, 2006), Bentien agreed to purchase feeder pigs from Klinge and care for them until they grew to market weight. Unfortunately, 100 of the pigs died under Klinge's care. Klinge sued Bentien in small claims court for money owed under their contract, and Bentien brought a counterclaim for negligence.
The Court dismissed both the claim and counterclaim for lack of subject matter jurisdiction because Iowa law requires mediation of the parties' claims prior to filing suit. See Iowa Code § 654B.3 ("[a] person who is a farm resident, or other party, desiring to initiate a civil proceeding to resolve a dispute, shall file a request for mediation with the farm mediation service").
The statute further defines "disputes" as controversies relating to the "performance of either person under a care and feeding contract." Iowa Code § 654B.1(2)(a).
Both Klinge and Bentien were farmers, and their dispute related to a "care and feeding contract." Additionally, the 2000 amendments clarified that farm service mediation was a jurisdiction prerequisite, which meant that the small claims court lacked jurisdiction to hear Klinge and Bentien's claims prior to mediation. Therefore, it was appropriate for the Court to dismiss both claims, leaving the parties to pursue mediation.
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