First Call Pilot in Bangor and Rockland Courts

TIPS FOR LENDERS

WHAT HAS CHANGED:

  • No Waiting Period between informational session and mediation. All cases entering the FDP, will have first mediations on the same day.
  • Shorter First Mediation Sessions. The sessions are planned for 30-40 minutes.
  • Mediators will not delay the session waiting for a bank representative. When the lender's representative is not readily available, mediators will move on to the next case and will return to the skipped case later.
  • Plaintiff's Financial Information Form does not need to be filed in advance of mediation. Bring it to mediation. It must be completed by the time of mediation. If it is neither in the file nor brought to mediation, the mediator will move to the next case in line, allowing time for counsel to complete the form over the phone.
  • No prior review required. Some lenders may have received and reviewed complete document packages and be ready to discuss the results of its analysis, but this is not a requirement for the first mediation in the Pilot Project. The priority in the Pilot Project is to ensure a thorough discussion of the homeowner's situation, the status of the loan, possible options available and how to pursue them. The mediator facilitates and reports a clear plan going forward.

HOW TO MAKE THE PILOT WORK SMOOTHLY:

  • Changing lender representatives. The same mediator will take all cases from one plaintiff. Sometimes this will require lenders' counsel to facilitate quickly changing from one lender representative to another for the next case. Please plan ahead. Suggestions: Make advance contact with all the representatives to advise them of the approximate time of their mediation. In mediation, when the mediator turns to writing the report, counsel should contact (by email or by stepping outside the room and phoning) the lender for the next mediation. Alternatively, someone at lead counsel's office should contact the lender and advise them to have a representative call in 10 minutes. Mediation room phone numbers may be obtained in advance.
  • Bring appropriate forms. Please bring any bank-specific forms that may be needed. If plaintiff's counsel provides any bank-specific forms at the mediation, discussion of sending and receiving those forms, including deadlines and confirmation of receipt, will be eliminated. There will be no dispute later about whether lenders sent any particular forms. This will simplify the discussion at mediation.