To mediate cases in a timely and cost efficient
manner in order to minimize case processing time, save costs and expenses to the parties by working out new
mortgage terms or other agreements mutually acceptable to the parties, and to prevent adverse social
consequences of vacated and abandoned houses in the community.
Goal Of Mediation:
To provide the parties an opportunity to resolve their
foreclosure case by agreement, instead of having the Court decide. In mediation, an impartial mediator will
conduct a process where the parties will discuss and evaluate their interests and concerns so each party can
determine whether his interests are best met through an agreement.
Foreclosure Mediation Program
Dispute Resolution Department
1200 Ontario Street
Justice Center, 10th Floor
Cleveland, Ohio 44113
Phone: (216) 698-7138
or (216) 698-7158
Fax: (216) 698-2203
History of Foreclosure Mediation Program:
The Foreclosure Mediation Program was
introduced in Cuyahoga County on June 24, 2008. The Court’s Foreclosure Committee and Foreclosure Mediation
Sub-committee, both led by Judge Eileen T. Gallagher, developed the Program in collaboration with the legal and
foreclosure-prevention communities. The Program is directed by John Minter.
How to Request Mediation of Your Foreclosure Case:
When a Foreclosure action is filed
against you, you will receive a Summons and Complaint from the Court in the mail. Make sure to open your mail.
Inside you will find information about legal assistance, financial counseling, and a Request for Mediation Form.
Complete the Request for Mediation form and return it to the Court at the address listed on the Request.
You may fax, mail or hand-deliver your Request to the Mediation Department.
If your case is currently pending, you may file a motion to request mediation or attend a
hearing and ask the Magistrate to refer your case to mediation. In addition, the Magistrate handling the
file may directly refer the case to mediation.
for a Mediation request form.
Review of request for mediation:
- The Foreclosure Mediator will review your
- Interested in keeping your property - If your monthly income meets or exceeds your
monthly expenses, you may be eligible for mediation.
- Not interested in keeping your property - You may still be eligible for mediation
even if your monthly income does not meet your monthly expenses.
If your request for mediation is denied:
- Your case will be returned to the Foreclosure Docket for further proceedings.
- Should your financial circumstances change in the future you may request the magistrate to make a referral to mediation at that time.
- You may also complete a new Request for Mediation.
If your case is accepted into the Mediation Program, a
Pre-Mediation Conference (PMC) will be set. At the PMC you will be given a list of financial
documents to provide. Failure to attend the PMC or to provide the requested documents may result
in the termination of the mediation process.
Below, please also find a link for the Owner's Questionnaire. Please complete
this form prior to the PMC. Your answers to these questions are for your use and you are not
required to share them with anyone. Please read the instructions on the Questionnaire and contact
the mediation department with any questions.
If you satisfy the requirements of the PMC, a Mediation hearing will be
held. At the Mediation, a representative from the Plaintiff/Lender will be present and your
attendance is also required. If the case settles at the initial or any subsequent mediation
hearing, the appropriate paperwork to dispose of the case will be filed. If the case does not
settle, the file will be returned to the Foreclosure Magistrate for further court proceedings.
To order brochures or Requests for Mediation for your organization for community distribution,
or to request a presentation on the Foreclosure Mediation Program in your community,
please call (216) 698-7138 or (216) 698-7158 and ask to speak to Program Director, John Minter.
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