CERTIFIED FORECLOSURE MEDIATOR FOR THE OHIO SUPREME COURT
Chris has handled many hundreds of client Mediations over the years. Many as the Mediator, and many on behalf of our client borrowers (but never creditors-we don’t like creditors).
Mediation is a process whereby parties that have a dispute (a creditor & a borrower) are ordered by a judge to attempt to meet with a qualified, completely neutral person to attempt to resolve their difference, and reach a mutual agreement in a case.
Because of the success that the Spiroff Law Office has had in this arena over the years, Chris decided to become designated by the Ohio Supreme Court as a Certified Foreclosure Mediator. He can mediate others’ disputes, or request a court order your case be sent to Mediation if that is in their best interest. There are very few lawyers that hold this distinction in the State of Ohio.
While we are most comfortable in court/in an front of a judge, we also understand that Mediation is a powerful tool that we employ when the facts of our clients’ cases would benefit from the process.
Keep in mind that almost every court in Ohio has a Mediation Program available. Not only does this apply to foreclosure actions, but also to civil suits on a credit card or other debt, and generally, to any other legal dispute that comes to court.
No, not necessarily. So long as all parties agree, and there is an agreement signed by all prior to the Mediation outlining the effect of any resolution of the dispute (there are binding, and non-binding Mediations).
Always is a dangerous word. In the hundreds of Mediations in which I have been involved, a court is 85-90% likely to refer the case to Mediation if requested by a party.
Some courts have a panel of volunteers (mostly non-lawyers) that conduct Mediations, but this practice seems to be on its way out. So, yes, most likely there will be a fee charged, which will be split equally by each party. In either instance, Mediation is substantially less expensive than litigating the legal issues in court.
Based upon my experience, approximately 80% of all Mediations result in an agreement that each party can live with even though both parties will have made some compromise during the resolution process.
This is a common misconception. The Mediator has no authority to make any decisions, except when, and how the Mediation will be conducted. While the Mediator is required to file a Mediation Report with the court for the judge’s review, it will only state: the Mediation occurred; who was present; whether both parties participated on a good faith basis; and whether or not a resolution of the legal matter was reached between the parties - nothing else.
Mediations should be held in Las Vegas - ‘what is said in Mediation, stays in Mediation’. No participant can ever disclose what was discussed, and nothing disclosed at Mediation can be used against a party in court if no agreement is reached. This policy is to promote a full and frank discussion between the parties, get to the heart of the dispute, and reach a resolution.