Comments: “Mediation Is A Gamble”: A Sobering Review And Critique Of Mortgage Mediation Programs

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J.R. Forester, Portland OR     03/18/12
Life is a gamble
Mr. Benjamin's comments appear to be right on the mark. Having observed the travails of those in distress in dealing with large banking beaurocracies, who are risk averse, decision averse and frequently don't understand their best outcome in any specific situation, if for no other reason that they have not communicated with the debtor. I cannot stress enough Mr. Benjamin's first conclusion point. It's not just the debtor, but also the creditor that has a lot to gain by having well organized consistent communications so that each understands what their best outcomes can be. The gamble is not having an outlet for such communications.

Tom , Tallahassee FL     11/04/10
Mr. Benjamin's statement that Ms. Mortgenson's observations of the Nevada program are "premature and too harsh" are most likely accurate. Certainly it will be years before the impact, good or bad, that mediation and its role in the mortgage foreclosure crisis is truly known. Precisely because of the problem with enforcing the "good faith" requirement Mr. Benjamin noted and for other reasons such as case law, there is no "good faith" requirement in Florida. Finally, regarding Mr. Benjamin's statement that large scale mediation programs "tend to pay little attention to the professional mediation associations, or even to draw upon professional mediators" is not accurate in Florida. Indeed, all mediators who participate in Florida's statewide mandatory court-ordered residential mortgage foreclosure programs must receive sufficient training to be certified by the Florida Supreme Court and must take additional foreclosure training by an approved and certified training program before the mediator is permitted to mediate in any of the court-ordered foreclosure mediation programs.