Homestead Foreclosure Mediation has been an important component of the Florida legal system since the entry of the Supreme Court's Model Administrative Order on December 28, 2009 (the "MAO"). Since that time, many Certified Circuit Civil Court Mediators have trained in the details and ethical considerations in foreclosure mediation.
As a neutral arbitrator and mediator for the American Arbitration Association, I have been privileged to speak and teach at a number of these seminars covering specific topics required by the MAO. These include:
* Negotiation Dynamics in Foreclosure Mediation
* Communications Issues in Forclosure Mediation
* Ethical Issues in Foreclosure Mediation
The first presentation, Negotiation Dynamics, discusses the process of mediation in homestead foreclosure. Mediation under the MAO differs significantly from normal certified circuit court civil matters.
The second presentation focuses on communication skills needed for effective homestead foreclosure mediation. As most borrowers appear pro se, the use of standard terminology alone may be baffling…borrowers do not readily understand the use of terms like forbearance, short sale, deed in lieu and deficiency. Being able to communicate effectively, while also understanding the pressures on the parties in the mediation is important.
Finally, in the third presentation, we study some of the many ethical issues that arise in homestead foreclosure mediation. We review some specific issues that can arise in foreclosure mediation that impact (i) confidentiality, (ii) impartiality and the limitations placed on mediators in providing advice and information, and (iii) third parties, and their role in the mediation process.
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