Not after the time for rehearing has expired. This was discussed in the 1st DCA case of HSBC vs. Reed issued on November 16, 2011. In this case, the Reeds motioned the court for mediation on June 7, 2010. Unfortunately for the Reeds, at the time they motioned the court, there was pending a motion for summary judgment. More unfortunate, a hearing on HSBC's motion for summary judgment was set to occur 2 days later.
The trial court clearly found itself conflicted. The court system is overworked and underfunded. And, there is clear policy established to reduce this burden by utilizing mediation as an alternative dispute resolution forum. Further, in large part a negotiated settlement is often better for all parties than is foreclosure final judgment.
Here, unfortunately, the court made an error says the 1st DCA. Twenty days after issuing a final judgment in favor of HSBC, the court issued enforcing the parties mediated settlement agreement. HSBC appeals, asserting the court erred in finding the settlement agreement enforceable.
Mediating disputes promotes judicial efficiency by freeing up court resources for matters that are not suitable for mediation. The appropriateness of using this tool in foreclosure proceedings is limited to some degree.
Interested in knowing your rights and obligations in a foreclosure proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Foreclosure Attorney. To do so, just call our office at (561)472-0919 or click on "Foreclosure Consultation" and complete a contact form.
Ms. Diedricke-Clarke challenging a foreclosure judgment brought the matter of Diedricke-Clarke v. Washington Mutual Bank before the Florida 4th DCA (appeals court). The appeals court covers Palm Beach County and issued its decision in this matter on October 5, 2011.
Although a court must approve the terms of a divorce agreement, having a mediator or mediation panel consider some disputes regarding divorce-related matters supports making our court system more efficient by freeing up a court to address other controversies. An equitable distribution of marital assets is a typical issue that is submitted to mediation, and the resolution from the proceeding is usually binding even if it is issued after a court has formally dissolved the former marriage to which the mediation related.
Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney. To do so, just call our office at (561)472-0919 or click on "Palm Beach Family Law Attorney Contact Form" and complete a contact form.
One issue that the Florida 4th DCA (appeals court), which covers Palm Beach County, addressed in the divorce case of Comstock v. Comstock was whether the former wife and the former husband had to comply with the terms of a mediation agreement regarding the equitable distribution of their marital assets that was entered after the trial court entered a final order that dissolved the couple’s marriage. Another entry in this forum addresses the appeals court’s consideration of the binding effect of the portion of the mediation agreement regarding child support and child custody issues.
Although mediation is a favored and efficient means for resolving numerous legal disputes in divorce proceedings and many other types of controversies, it has its limits. The important issues of child support and child custody are examples of matters that receive enhanced court scrutiny.
Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney. To do so, just call our office at (561)472-0919 or click on "Palm Beach Family Law Attorney Contact Form" and complete a contact form.
The enforceability of a mediation agreement that was issued in the course of the divorce proceedings in Comstock v. Comstock required that the Florida 4th DCA (appeals court), which covers Palm Beach County, review the trial court’s decision to enforce that agreement.
People often wonder what will happen to their pets if they get divorced. Florida, like most other states, considers pets property for purposes of making this decision. This means that, unlike children, courts will not analyze the best interests of the pet, order pet support, or in most cases award visitation. The court will consider the dog, cat, bird, horse, guinea pig or other pet property and award the pet to one spouse the same way it would other marital assets.
While courts may have this perspective when it comes to animals, most pet owners would strongly disagree. Some couples will fight for years in court to determine who gets the family pet. Other couples find that one of the only topics they can still relate on is their puppy, fish, iguana, etc. Enter pet mediators. A mediator aims to resolve conflict between parties. In Florida, mediation is ordered in certain cases before the parties can proceed to trial. In Palm Beach County, divorcing couples must attend mediation before they can move forward with their case. Pet mediators market their services to divorcing couples to help them agree on what is best for the pet. Individual pet mediators have their own techniques and policies. Charles Regal, a pet mediator with a master’s degree in social work and mediation training certification, asks couples not to bring pets to mediation due to the stress it may cause the animal. He does, however, request that couples bring a photo of the pet to re-focus the parties if they lose sight of the goal of attaining a solution that is in the best interest of the pet.
Mediators may not be able to solve all of the issues in a divorce case, but certainly any issue that a couple is able to agree on will be one less issue to argue over in court. Click here to read the full article on pet mediators.
A recent USA Today article discusses the growing trend for couples to separate amicably. The article cites a number of reasons for this shift, from couples having watched their parents and friends go through messy divorces to wanting children of the marriage to have the easiest transition possible.
For couples seeking to split on friendly terms Collaborative Divorce may be their best option. Collaborative Divorce has a number of benefits, but its focus on minimizing conflict between the parties is probably its greatest benefit for couples who want to continue a positive relationship after the divorce is finalized. The unique strcuture of a Collaborative Divorce proceeding incentives completion of the process. In a Collaborative Divorce the parties sign a participation agreement at the outset. The Participation Agreement sets the terms for the Collaborative Law process. By signing, the parties agree that if either party withdraws from the process and proceeds to litigation, they are barred from using the services of any of the professionals involved in the Collaborative process, including their attorney. The participation agreement also commits the parties to providing full and honest disclosure. The participation agreement lays the ground rules for the process and encourages the parties to see it through.
Collaborative Divorce differs from mediation, another divorce solution mentioned in the USA Today article, in many ways. In a Collaborative Divorce each party is represented by their own attorney. Attorneys must be familiar with the process, and able to represent the best interest of their client while staying in a collaborative mindset and focusing on issue resolution. Attorneys representing clients in a mediation are likely still in an adversarial mindset. Attorneys in a Collaborative Divorce should be trained in Collaborative principals and able to shift their perspective towards conflict resolution. Unlike a mediation, in a Collaborative Divorce, mutually agreed upon financial and mental health professionals assist the couple in working through issues that arise. The Collaborative process sets the tone for working through issues together and will hopefully allow couples to continue that cooperation on issues that arive after the divorce is finalized.
Collaborative Law is a new approach to divorce aimed at creating a problem-solving environment and minimizing conflict between the parties. This approach empowers the parties to move toward conflict resolution with the assistance of the members of their Collaborative Law team. The foundation of this approach is giving families privacy and support as they work towards an equitable dissolution.
Participants:
·Husband and Wife
·Husband and Wife’s attorneys, who have been trained in Collaborative Law. Attorneys must be familiar with the process, and able to represent the best interest of their client while staying in a collaborative mindset and focusing on issue resolution.
·Neutral Professionals who can advise the parties on their options as issues arise
-Mental Health Professionals (Work with Husband, Wife, and Children)
This is a voluntary process where both parties agree at the outset to proceed in a collaborative fashion. They do this by signing a Participation Agreement. The Participation Agreement sets the terms for the Collaborative Law process. By signing this, the parties agree that if either party withdraws from the process and proceeds in litigation, they are barred from using the services of any of the professionals involved in the Collaborative process, including their attorney. The Participation Agreement also commits the parties to providing full and honest disclosure. The Participation Agreement lays the ground rules for the process and encourages the parties to see it through.
Negotiations will usually take place in a four-way meeting with the husband and wife and their respective counsel. The parties will have met individually with their lawyers prior to the four-way meeting to discuss issues that they want to cover. Both attorneys will also have met prior to the four-way meeting to plan an agenda for the four-way meeting. Negotiation during these meetings may be rigorous, but should be done in good faith and without threats of litigation or of abandoning the collaborative process.
Goals:
Collaborative Law aims to produce an equitable solution for both parties, and allows the parties to be directly involved in negotiating the terms of settlement. Through a series of four-way meetings, consultation with neutral professionals, and support of the Collaborative team in working through issues that may cause an impasse, the collaborative approach can produce a settlement without the conflict inherent in litigation. The Collaborative approach can expedite the divorce process, as the parties and their counsel decide on meeting times and do not have to work around the schedule of the courts. This approach benefits the individuals involved, and in the cases of couples with children, the entire family will benefit when parents are involved in a process that is collaborative and not adversarial. The end goal is a mutually agreed upon, legally binding document that, once signed by both parties, is filed in court for approval.
Damian Turco has completed Collaborative Law training and is available for consultation. If you have questions or want more information, please call (561) 472-0919 to schedule an appointment.
Administrative Order No. 3.308-6/10 has been passed by the Fifteenth Judicial Circuit of Palm Beach County and is effective as of July 12, 2010. Pursuant to this order, all residential mortgage foreclosure actions filed in the Fifteenth Judicial Circuit against a homestead residence shall be referred to the RMFM Program (Residential Mortgage Foreclosure Mediation Program.) The RMFM Program will be managed by the Palm Beach CountyBar Association. For purposes of this Order "Homestead Residence" is defined as a residential property for which a homestead real estate tax exemption was granted according to the certified rolls of the last assessment by the county property appraiser prior to filing of the suit to foreclose the mortgage.
In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless the plaintiff and borrower agree in writing not to participate in the RMFM Program or the Program Manager files a notice of borrower nonparticipation.
At the discretion of the presiding judge, this Order may apply to homestead residential foreclosure actions filed prior to the effective date of the order, for residences which are not homestead residences, or for any other residential foreclosure action the presiding judge deems appropriate.
Turco Legal handles all components of divorce matters including, the dissolution of marriage, alimony, custody, child support, enforcement of alimony and support, child relocation, paternity, same-sex couples, prenuptial agreements, postnuptial agreements, antenuptial agreements, cohabitation agreements, restraining orders, domestic violence, domestic abuse. The firm also handles all components of adoption matters, including surrogacy, surrogate mother representation, placement, and foster care placement. The firm also handles all components of estate planning, including wills, last wills and testaments, trusts, revocable trusts, irrevocable trusts, intervivos trusts, pour over wills, pet trusts, honorary trusts, durable power of attorney, health care advanced directives, health care surrogates, health care proxies, health care proxy, do not prolong life order, probate, intestate distribution, will contests, capacity challenges, guardianships, and homestead property.
