The Court provides trained mediators who can assist the parties in a lawsuit in settling their case before trial. Mediators do not decide the outcome of a case. All agreements reached in mediation are voluntary.
Residential Foreclosure Mediation:
Residential Foreclosure cases are scheduled for mediation during initial hearings and status conferences with the Judge. You will receive a special mediation order with the mediation date, direction to Multi-Door and instructions for filing your Confidential Settlement Statement. Mediations are scheduled between the hours of 9:00am and 12:00pm Tuesday, Wednesday and Thursday for 45 minute blocks of time.
An evaluator helps parties identify the issues on which they disagree and provides an opinion on the likelihood that the plaintiff will be held responsible (and ordered to pay damages), and the amount of damages likely to be ordered.
How Do I...
Prepare for mediation?
Mediation is a process which requires several steps to complete. Details, including the responsibilities of court clients, are explained below.
Steps to Mediation
If you are represented by an attorney, he or she will handle steps 1-5, below.
- Notice of the mediation date will be mailed to you approximately 60 days prior to mediation.
- All parties are responsible for submitting a Confidential Settlement Statement. Additionally, parties represented by counsel are required to submit a Mediation Readiness Certificate. Parties represented by counsel can click here to download the appropriate forms packet that includes the Confidential Settlement Statement, Mediation Readiness Certificate, mediation procedures and forms completion instructions. For parties not represented by counsel, please click here to download the appropriate Confidential Settlement Statement, mediation procedures and forms completion instructions. (Residential Foreclosure cases should use the Residential Foreclosure Confidential Settlement Statement, available here.)
- If your mediation is rescheduled, you will have to fill out a new Confidential Settlement Statement or a new Residential Foreclosure Confidential Settlement Statement.
- Your mediator will call you approximately two weeks before the mediation to discuss your view of the case, the status of any negotiations, and any obstacles to settlement.
- Mediation sessions generally last 2 hours. (Residential Foreclosure cases generally last 45 minutes.) Follow-up sessions may be scheduled if both parties agree they are needed and could be helpful.
- If you reach an agreement in mediation, the mediator will write it and submit it to the court.
- If no agreement is reached in mediation, Court staff will set a pre-trial date.
Prepare for case evaluation?
Steps to Case Evaluation
Case Evaluation is a process which requires several steps to complete. Details, including the responsibilities of court clients, are explained below.
- See steps 1-4 above in “Steps to Mediation.”
- Plan for one case-evaluation session to last up to two hours.
- The Court’s evaluator will provide a non-binding opinion at the end of the session.
- Parties can continue settlement negotiations or request mediation even after the evaluation session.