The clerk of the court is required to automatically schedule all residential foreclosure cases filed on or after Aug. 1, 2010, for mandatory pre-mediation conferences. The clerk must also provide a form notifying defendant borrowers about the foreclosure mediation program along with the summons. The plaintiff's counsel, the defendant borrowers and a certified mediator are required to attend the pre-mediation conference. To be certified by the court, mediators must be a retired judge or attorney with at least five years of foreclosure litigation experience.
At the pre-mediation conference, mediators work with borrowers to determine the borrowers' eligibility for loan workouts, modifications, or other potential arrangements with lenders. Mediation conferences are scheduled within 30 days of the pre-mediation conference. Borrowers and a representative of the lender with full settlement authority must attend the mediation and participate in good faith.
The rule also establishes a $150 foreclosure filing fee. It also reviews mediator compensation and immunity, as well as discovery and confidentiality guidelines.