South Dakota Code § 54-13-16

Statement of waiver or failure to reach agreement deemed release
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If the borrower waives mediation or if a mediation agreement is not reached, a statement to that effect shall be prepared by the mediator and such statement shall constitute a mediation release. Unless the borrower waives mediation, a creditor may not receive a mediation release pursuant to §
54-13-10
until that creditor has attended at least one scheduled mediation meeting.

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