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Foreclosure conciliation VS mediation. Which is a better option?

Jacksonville, FL |
Filed under: Foreclosure Real estate

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


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 (904) 854-6336.

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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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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 advice of licensed property law attorneys immediately so they can secure your rights. Hiring an attorney is a serious and important decision. Please ensure that you take the time necessary to evaluate and interview more than one attorney to determine whom to hire.

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I have legal representation now, but I'm getting the feeling she is not working as hard as she should and it was she who opted for conciliation VS mediation. I also asked her to just in case file a motion to dismiss so that we could have enough time to work a modification but even tho she agreed in our first meeting the filling was never done and instead she is just going with the conciliation. Do I need to be worried about this?

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