FORECLOSURE MEDIATION - Eighteenth Judicial Circuit Courts

4. Services of the Brevard County Foreclosure Mediation Panel are arranged throughthe Brevard Civil Mediation Department. Specific procedures and forms have been adopted bythe Court to provide uniformity and efficiency of administration.5. The fixed fee payable by the plaintiff was determined by the Circuit Judges as areasonable method to provide the mediation services and to facilitate the setting of the mediationsessions. The set mediation fee of $250 for a fixed session was felt by the courts to be not morethan, and likely less than, the mediation fee that would be paid by the plaintiff if privatemediations were booked in the open market. Payments are to be made directly to the assignedmediator in the course of confirming the mediation session.6. The steps and requirements for use of the Brevard County Fixed Fee ForeclosureMediation Panel are as follows:STEPS TO CONDUCT MEDIATIONBREVARD COUNTY FORECLOSURE MEDITION PANELSTEP 1. The plaintiff initiates the process by viewing available mediation dates andtimes at www.flcourts18.org. Locate and select the “Brevard County Foreclosures” button onthe left side of the page. Select “Foreclosure Mediation Schedule” to see open dates. Theinformation which identifies the assigned mediator for each specific date and time will beprovided to plaintiff’s counsel by the Brevard Civil Mediation Department at the time themediation session is scheduled. Dates are scheduled on a first come, first served basis. Differentmediators are assigned to different dates. Each session is for a set time of 1 ½ hour and a fixedfee of $250.00 payable by the plaintiff.STEP 2. Plaintiff’s counsel contacts the required defendants to coordinate anagreed mediation time. NOTE: See special procedures below for the unilateral setting of themediation when defendants fail to cooperate in scheduling.STEP 3. When the specific date and time has been agreed by the proper parties orproperly unilaterally set, the Plaintiff’s counsel calls the Brevard Civil Mediation Department at321-617-7238 to schedule of the session date, time and assigned mediator.STEP 4. Plaintiff’s counsel completes and files with the court an approved Noticeand sends a copy of the Notice form to the Brevard Civil Mediation Department (see form-PLAINTIFF’S NOTICE SETTING MEDIATION, FIXED FEE MEDIATION PANEL). Thecopied form is sent to the Brevard Civil Mediation Department along with:1. Completed proposed orders (see court approved form-ORDERREQUIRING MANDATORY MEDIATION) for(1) the mediator,(2) the plaintiff’s Representative and(3) each required defendant;

2. Stamped, addressed envelopes for mailing the ORDER REQUIRINGMANDATORY MEDIATION to (1) the mediator and to (2) plaintiff’s representativeand to (3) the required defendants. The required postage is per envelope is *.NOTE: The court relies upon the accuracy of the information in the Plaintiff’s Notice forthe issuance of the specific Order Requiring Mandatory Mediation.Use of the approved notice form assists as a checklist to assure that plaintiff’s counsel hascomplied with the Administrative Order.The plaintiff’s attorney certifies the service upon the proper parties of the two requirednotices of :(1) CERTIFICATION OF SETTLEMENT AUTHORITY and(2) OWNER OCCUPIED RESIDENTIAL MORTGAGE FORECLOSUREMEDIATION AGENDA,and the service of the optional notice, if applicable:(3) PLAINTIFF’S CERTIFICATION-COMPLIANCE WITH PROCEDURES FORSETTING MEDIATION UNILATERALLY-BREVARD COUNTY FIXED FEEFORECLOSURE MEDIATION PANEL.NOTICE: SEE PROCEDURES FOR THE UNILATRAL SETTING MEDIATION. THEPLAINTIFF’S NOTICE SETTING MEDIATION MUST BE SENT AND CERTIFIED ASSENT NOT LESS THAN 40 DAYS BEFORE THE SET MEDIATION SESSION DATE.Payment for the assigned mediator is made along with the preparation and filing of thenotice.STEP 4. Upon receipt by the Brevard Civil Mediation Department of the Plaintiff’sNotice, Proposed Orders and Envelopes the mediation department forwards to the proper partiesthe case specific ORDER REQUIRING MANDATORY MEDIATION.STEP 5. The parties attend the mediation conference. The mediator completes andfiles the Mediator Report Form. Additional sessions are scheduled needed. The Courts haveapproved a form AGREEMENT TO CONTINUE MEDIATION as a confirmation and guide tosetting future mediations.PROCEDURES TO UNILATERALLY SETMEDIATION SESSIONS FOR NONRESPOSIVE DEFENDANTS1. The Eighteenth Judicial Circuit, Brevard County has adopted a method for thePlaintiff to unilaterally set the initial mediation session when using the Fixed Fee MediationPanel. This procedure does not apply to any other form of private mediation or to any privatemediators.

2. This procedure may only be used when a defendant fails or refuses or by omissiondoes not respond to the efforts by the plaintiff to set the initial mediation session.3. As to such non-responsive defendants, the Plaintiff’s Attorney or a specificallyidentified person acting under direct supervision of Plaintiff’s Attorney must attempt to makereasonable contact with the defendant.4. The Courts have approved a form as a requirement and as a guide for compliancewith the court approved procedures- see form-PLAINTIFF’S CERTIFICATION COMPLIANCEWITH PROCEDURES FOR SETTING MEDIATION UNILATERALLY -BREVARDCOUNTY FORECLOSURE MEDIATION PANEL.5. If the Plaintiff’s Attorney or staff has no phone number for the defendant from thepleadings and from the lender client records the Plaintiff’s Attorney must certify thisinformation and certify the use of a recognized telephone directory to show good faith effort tolocate the defendant.6. If the Plaintiff’s Attorney has any available telephone number the attorney orknown person working under the direct supervision of the attorney must attempt contact with thedefendant twice; on two separate days and at two different times of day.7. If unable to reach the defendant the mediation may be set (with the agreement ofthe responsive defendants) not less than 40 days from the date that the plaintiff’s attorneyactually sends for filing with the court with copies to the Brevard Civil Mediation Departmentthe PLAINTIFF’S NOTICE SETTING MEDIATION- BREVARD COUNTY FORECLOSUREMEDIATION PANEL