Jax Bar to manage local mediation program
02/08/2010
by Joe Wilhelm Jr.
Staff Writer
In 1995, eight judges in the Civil Division of the Fourth Judicial Circuit in Duval County handled 2,079 foreclosure cases. Currently, there are 16,973 foreclosure cases pending for the same number of judges.
The Florida Supreme Court hopes to help ease the overwhelming burden the foreclosure crisis has placed on the judicial system by instituting a managed mediation program for residential homestead properties defined in its administrative order No. AOSC09-54. The order requires the adoption of a uniform, statewide managed mediation program to be implemented through a model administrative order issued by each circuit chief judge. The Task Force on Residential Mortgage Foreclosure Cases, created by the Florida Supreme Court, recommended this action, and also recognized “that section 44.108, Florida Statutes, and statewide trial court budget policy considerations do not allow trial courts to collect fees for the provision of circuit civil mediation services.” This meant that an outside entity would be needed to manage the mediations at a level necessary to address the state’s foreclosure dilemma.
Locally, three proposals were submitted, from the Collins Center for Public Policy, The Jacksonville Bar Association and the law firm of Vogel & Salvatore. The length of service may have been a factor for the small group of applicants.
“Best estimates I’ve heard are we can expect 18-36 months before the market improves to where managed mediation for mortgage foreclosure cases might not be needed,” said Circuit Court Judge Fred Tygart. “It’s certainly a consideration for a group putting together the managed mediation, knowing that business is going to drop off significantly. Fortunately, they were all good proposals and the Chief Judge Don Moran has decided that The JBA will be the program manager for the Fourth Judicial Circuit.”
Tygart explained that both the Collins Center and JBA proposals were very detailed, but Moran felt more comfortable with a locally based manager. The Collins Center operates managed mediation programs in the First, 11th and 19th Circuits and has offices in Tallahassee, Sarasota and Miami.
“We are extremely pleased and excited to be selected to serve as program manager for the Fourth Judicial Circuit Residential Mortgage Foreclosure Mediation Program,” said Dan Bean, president of The JBA. “We look forward to implementing the program with Family Foundation of Jacksonville, Jacksonville Area Legal Aid, and Jacksonville Mediation Center. We believe we are uniquely qualified to facilitate communication between lenders and borrowers in order to bring resolution to the disputes while simultaneously maximizing the allocation of judicial resources.”
The opportunity will allow The JBA to promote one of its management staff from part-time to full time. Linda Morris has experience as a residential and commercial closing agent and title examiner and has been working for The JBA for two years. She will be the program director.
The program is offered to the borrower at no cost, but the lender can be assessed fees up to $750. Part of those fees go to pay for foreclosure counseling for the borrower, which help to familiarize the borrower with the mediation process. The JBA plans to partner with Family Foundations of Jacksonville to offer this service. Borrowers representing themselves, pro se, will be informed of the various programs sponsored by lawyer referral services, JALA and other legal services to assist them with their case.
Mediators for these cases will be selected from a pool of Florida Supreme Court certified circuit civil mediators who have been specially trained to mediate residential mortgage foreclosure disputes. Training sessions to certify circuit civil mediators will be held semiannually by the program director through the JBA CLE department.
Initially, mediations will be conducted at Jax Mediation Center on University Boulevard and The JBA offices in the Aetna Building on Prudential Drive.
Tygart expects the program to begin in about four weeks.
jwilhelm@baileypub.com
356-2466
