Foreclosure conciliation VS mediation. Which is a better option?

Asked about 2 years ago - Jacksonville, FL

I have a case pending and would like to know what is the difference between the two and which is more appropriate in a foreclosure case.

Attorney answers (3)

  1. Preston Hall Oughton

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . Foreclosure is a judicial process and can include a mediation. Foreclosure conciliation is similar, but can take place inside or outside of the judicial process. Foreclosure conciliation does not have the same rules and standards that a mediation does and there is no mediator. If you are in foreclosure and are not represented by an attorney, I recommend that you consult an attorney to better understand the process and protect your legal rights.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton http://www.oughtonlaw.com/ (904) 854-6336.

  2. Keith Adam Halpern

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . The attorneys whom have answered are correct, and you should consider this along with having counsel assist you with this. Conciliation Conferences are quite informal and without mediators while mediations are done under the direction of Chapter 44 of the Florida Statutes with a mediator whom must report to the Court after the mediation. I usually opt for mediations for my clients to keep the procedure formal until I can determine that there is progress towards settlement. I have had cases with both.

    NOT LEGAL ADVICE--FOR EDUCATIONAL PURPOSES ONLY. We don't know the facts and this is not legal advice. Seek the... more
  3. Zeina N. Salam

    Contributor Level 3

    1

    Lawyer agrees

    Answered . If you have a pending foreclosure court action, then the court will usually request that you partake in mediation either through the RMFM program or private mediation, if requested. Foreclosure matters whether pre or post suit are incredibly difficult to navigate without legal representation. Consultaiton with a foreclosure attorney, like our firm, is strongly recommended.

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