Stipulation And Order Referral To Outside Mediator {Form D-2}

FORM D-2 IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR ***Select County*** COUNTY, FLORIDA [Name of Plaintiff] Plaintiff, vs. [Names of Defendant(s)]/ Defendant(s) Case No.: [Case Number] DIVISION: [Division] STIPULATION FOR REFERRAL TO OUTSIDE MEDIATOR Come the borrower(s) on the note and mortgage that is subject of this litigation and the plaintiff who stipulate to the referral to mediation to a Mediator whose name appears on the Program Manager's approved list of Outside Mediators in the 12th Judicial Circuit and whose name and address is [Name] [Address]. Financial arrangements satisfactory to the mediator have been agreed upon in advance by the parties and the mediator. Signature of Plaintiff's Counsel [Typed Name] Dated: Signature of borrower(s) or their attorney [Typed Name] Dated: ORDER OF REFERRAL TO OUTSIDE MEDIATOR FOR RESIDENTIAL MORTGAGE MEDIATION THIS CAUSE came before the court upon stipulation. IT IS ORDERED that this action is referred to mediation with the following mediator: [Mediator Name]. The Outside Mediator is ordered to comply with the requirements of the Residential Mortgage Mediation (RMM) Program Administrative Order, including, without limitation, the following: a. No mediation conference with an Outside Mediator shall be scheduled for less than two hours. b. Upon request of the RMM Program Manager, the Outside Mediator shall provide the RMM Program Manager with all documents required to confirm compliance with the RMM Administrative Order, including the completed 12th Circuit Foreclosure Mediation Participation Form (Form H) and the Mediation Report Form (Form I). In addition, the Outside Mediator shall promptly provide the Program Manager with all documents filed with the court, and shall regularly report to the Program Manager on the status of all RMM Program mediations referred to the Outside Mediator. c. The Program Manager has no responsibility to collect or facilitate the payment of the Outside Mediator's fees or to facilitate compliance with the parties' mediation agreement, nor is the Program Manager obligated to schedule or provide support services or a location for mediation conferences for Outside Mediators. However, the Program Manager may make available its mediation facilities upon terms agreeable to the parties. d. The plaintiff, its attorney, and the borrowers and their attorney, if any, must appear at any mediation conference conducted by an Outside Mediator. In accordance with Rule of Civil Procedure 1.720(b), a party is deemed to appear at a mediation conference if the American LegalNet, Inc. www.FormsWorkFlow.com party or its authorized representative having full authority to settle without further consultation is present. A corporate party must send a corporate representative, other than the attorney, with full authority to settle the case. The requirement to have an authorized representative with full authority to settle applies whether the authorized representative appears in person or by telephone. e. A corporate plaintiff may appear telephonically at the conference and will be responsible for calling into the mediation at the designated start time. Legal counsel for the plaintiff is required to appear in person. If plaintiff's representative attends mediation through the use of communication equipment, a person authorized by the plaintiff to sign a settlement agreement must be physically present at mediation. If the plaintiff's representative attends mediation through the use of communication equipment, the plaintiff's representative must remain on the communication equipment at all times during the entire mediation session. f. In the event parties to an Outside Mediation are in conflict regarding their mediation agreement or the mediation rules and procedures, or a party seeks sanctions for noncompliance, the dispute shall be heard by the assigned judge upon proper motion. In the presiding judge's discretion, at the conclusion of the case the prevailing party shall be entitled to assess as court costs against the opposing party the expense of mediation in whole or in part. IT IS FURTHER ORDERED: Upon entry of this Order and a copy being provided to the Program Manager, the Program Manager shall file with the clerk a Notice of Temporary Stay Due to Mediation (FORM F-1) and provide copies to the parties. Unless modified by this court, the stay shall prevent any party from setting hearings on Chapter 702 orders to show cause, summary judgments or trials. However, the stay shall not affect motions directed to jurisdiction, the pleadings or discovery matters. The following shall apply to the stay: a. The stay of Chapter 702 Orders to Show Cause, summary judgments and trials shall remain in effect until the termination of the mediation process has been confirmed by the Program Manager, or until vacated by order of the court. The Program Manager shall confirm the conclusion of mediation by filing a Notice of Termination of Mediation Stay (Form F-2). b. The parties may file Chapter 702 Orders to Show Cause and summary judgment motions while the stay is in force but neither such motions nor any trial shall be noticed for hearing or trial until the stay is vacated either by court order or upon filing of the Notice of Termination of Mediation Stay by the Program Manager. Hearings on Chapter 702 Orders to Show Cause, summary judgment or trials set in violation of this administrative order shall be deemed canceled, unless otherwise ordered by the assigned division judge. c. While the stay is in force, absent an order of the assigned division judge, the case may proceed with discovery and hearings on motions directed to jurisdictional disputes, the pleadings or discovery issues. d. Outside Mediators shall immediately inform the court and Program Manager when mediation has been concluded, and the Program Manager thereupon shall file a Notice of Termination of Mediation Stay. American LegalNet, Inc. www.FormsWorkFlow.com DONE AND ORDERED in chambers this day of , 20 . _________________________ Circuit Judge If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400; the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941)741-4062; the DeSoto County Clerk's Office,