IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
FLAGLER COUNTY, FLORIDA
CASE NO.:
DIVISION:
x
Plaintiff(s)
vs.
x
Defendant(s)
__________________________________________/
ORDER FOR MEDIATION CONFERENCE
(FORECLOSURE)
THIS MATTER having come before the Court on its own motion, or by agreement of the parties, IT IS
HEREBY ORDERED as follows:
1. The Court appoints _____________________, a certified circuit civil mediator, as this Court's
Mediator to attempt to achieve a settlement of the issues in this cause.
2. A Mediation Conference will be held on ___________________, 20___ at _____ a.m./p.m., at
________________________________________, _________, Florida. Requests to reschedule the
mediation should be made directly with the Mediator.
3. The Mediator shall be compensated at the rate of $150.00 per hour, which cost shall be borne by the
parties equally. Each party must be prepared to pay an amount up to $150.00 at the mediation conference.
The balance, if any, must be paid within ten (10) days of the mediation. Correspondence to the Mediator
should be mailed to: _____________________________________, _______________________, Florida.
The Mediator’s telephone number is (____) ___-_____. A copy of any papers filed or served in connection
with this mediation should also be sent to the Mediator.
4. THE FOLLOWING GENERAL RULES GOVERN SAID MEDIATION CONFERENCES:
A. The appearance of counsel who will try the case and clients or representative of each party
with full authority to enter into a full and complete compromise and settlement is mandatory
(see Rule 1.720(b), Fla.R.Civ.P). A representative of the Plaintiff-Lender with full authority to
settle must participate in the mediation and attendance of the representative must be
continuous throughout the mediation session. The mediation representative for the Plaintiff-
Lender may attend the mediation conference by telephone; however, Plaintiff’s counsel must
be present in person at the mediation session if the Plaintiff’s representative is attending by
telephone, and in such event, the Plaintiff will be deemed to have authorized counsel to execute
settlement documents at the mediation. Notice of attendance by telephone must be given to the
Defendant-Debtor or Defendant’s counsel and a toll free number should be provided for use by
the Mediator or the parties as needed.
B. Not less than five (5) days before the mediation conference, each party shall mail to the Mediator a
brief written summary outlining the party’s proposal for resolution (settlement proposal). When a
representative of Plaintiff is to attend the mediation via telephone, the summary will include the name
and general job description of that representative. Defendants/Mortgagors shall bring a financial
statement and income statement, together with copies of recent pay stubs, bank statements, or
other proof of income, to the mediation. If the Defendant/Mortgagor has received an
application form (for example: “work-out,” “modification,” “forbearance”) from the Plaintiff-
Lender, this should be completed and brought to the mediation as well.
C. All discussions, representations and statements which take place during the mediation conference
are privileged as settlement negotiations, and are not admissible at trial or subject to discovery.
D. The participants must be prepared to spend as much time as necessary to settle the case, and the
mediation will continue until an impasse is declared by the Mediator.
5. At the conclusion of the mediation, the Mediator is to send a conclusive report directly to the Court,
with copies to the attorneys/self-represented parties.
6. All orders previously entered by the Court remain in effect. The parties are advised that mediation
does not toll any time requirements with respect to this case. In the event any motions or hearings are
currently scheduled in the case before the Court, they will be heard as scheduled.
7. If any party objects to the appointment herein, said party must file an objection to such appointment
not later than ten (10) days after entry of this order. The absence of any timely filed objection constitutes
consent to the appointment and any failure to comply with this Order is grounds for sanctions.
8. If a party or attorney fails to appear, or appears without the required settlement authority, the
Court may impose appropriate sanctions against that party or attorney, including the taxing of costs,
Mediator’s fees, attorney’s fees, the striking of claims or defenses, dismissal of the action for foreclosure,
and/or the entry of default.
DONE AND ORDERED in Bunnell, Flagler County, Florida this _____ day of __________________
20____.
___________________________________
CIRCUIT JUDGE
Copies to:
Plaintiff
Defendant
Mediator