Legal Question in Real Estate Law in Florida

RE: Foreclosure

I would like to know if a person has to go to mediation prior to going to trial on a foreclosure case?

My friend has been in a foreclosure battle for 4.5 years, the other side has yet to prove they own home.

She was granted a trial and is looking forward to going, but now the other side wants to go to mediation.

Is there a statute of limitations or anything that could be used to prevent her from having to go to mediation?

Mediation is so expensive and she would have to pay. She has been through 2 depositions and granted a trial but now they want mediation. Is this legally necessary and can she get out of it?


Asked on 3/07/11, 5:24 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Most jurisdictions are making mediation a priority, but not all cases require mediation. Hopefully your friend is represented by experienced legal counsel who will help her through this. If there is a reason why the case should not go to mediation then she or her attorney can explain that to the judge and hope the ruling goes in their favor.

The mediation should not simply be granted without the judge hearing the arguments for and against it.

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Answered on 3/08/11, 4:50 am


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