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“+ FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 1/22/2016 10:32:40 AM.****
IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA
DISCOVER BANK,
Plaintiff
vs. Case No: CONO-15-9530
MIREILLE JEROME Judge: Jill K. Levy
Defendant Division: 72
ORDER REFERRING CASE TO MEDIATION
(COUNTY COURT)
THE COURT [Abua sponte/ [_]upon the motion of a party, hereby refers the above captioned
matter to mediation as authorized by statute and rules of procedure. It is ORDERED as follows:
1. Appointment of Mediator
Private Mediation
e parties shall within ten (10) days of entry of this order submit a stipulation with order
thereon as to the designation of the mediator to the undersigned judge. The parties shall
provide a copy of the stipulation and order thereon to Court Administration’s Court Mediation
and Arbitration Program (CMAP) in Room 565, Broward County Courthouse, 201 S.E. Sixth
Street, Fort Lauderdale, Florida 33301.
If the parties fail to submit a stipulation with order thereon as to the designation of the
mediator, the court orders the following:
The Court appoints as mediator
Name: Fred J. Berman
Address: P.O.Box 291990, Davie, FL 33329
Telephone: 954-551-6234
OR
(J Court Mediation and Arbitration Program shall coordinate the date, time, and location
for the mediation.
2. If the mediator stipulated to by the parties or appointed by the court cannot serve, the
parties shall either submit a stipulation with order thereon designating a substitute
mediator or advise the court so that a substitute mediator can be appointed by the court.
3. The first mediation conference shall be held within sixty (60) days from the date of this
order in Broward County, Florida.
4. The appearance of all parties, and their counsel, is MANDATORY. The attorney must
have full and complete authority to settle from the client and authority to execute any
mediation agreement on behalf of the client, without further consultation, if the Court
has granted the absence of a party. If a business entity (i.e. an insurance company,
corporation, association, partnership) is a party, a representative of that company shall
also appear having full authority to settle. Full authority means the individual
representing the plaintiff has the authority to dismiss the claim and to pay up to the
full amount of the counterclaim and the individual representing the defendant has
the authority to pay up to the full amount of the claim.
Page 1 of 35. CONTINUANCES MAY BE GRANTED ONLY BY THE COURT UPON TIMELY
WRITTEN MOTION FOR GOOD CAUSE SHOWN. Even if the parties mutually agree
to continue mediation, they must receive the permission of the Court and file the
appropriate motions in a timely manner. PARTIES SHALL NOT UNILATERALLY
CANCEL MEDIATION FOR ANY REASON EXCEPT SETTLEMENT OF THE CASE
AND NOTIFICATION OF SUCH SETTLEMENT IS PROVIDED IN WRITING TO THE
COURT.
6. Parties utilizing the CMAP shall pay the Clerk of Court for mediation in advance of the
mediation session being scheduled. Payment shall be made within fifteen (15) days of
the date of this order and not less than 5 days prior to the scheduled mediation date. A
session shall not exceed one and one half hours (1.5 hours). Each party in the case,
including cases with multiple parties, shall pay the Clerk of Court sixty dollars ($60.00)
per session. If a party was declared indigent the fee is not required from that party. If
additional sessions are needed, the parties must pay the Clerk of Court in advance anda
follow-up mediation appointment will be scheduled. FAILURE TO PAY BY ANY
PARTY WILL PREVENT THE SCHEDULING OF A MEDIATION SESSION. THE
(UDGE WILL BE NOTIFIED THAT THE PARTY OR PARTIES FAILED TO PAY. THE
CASE WILL BE REFERRED BACK TO THE JUDGE FOR SANCTIONS WHICH MAY
INCLUDE AN AWARD OF MEDIATOR FEES, ATTORNEY'S FEES, orrer COSTS,
OR OTHER APPROPRIATE REMEDIES.
7. Regarding this order of referral to mediation, the court determines that:
The Plaintiff(s) and the Defendant(s) shall share equally in the cost of mediation
The Plaintiff(s) shall pay the full amount for all parties in the mediation
oO The Defendant(s) shall pay the full amount for all parties in the mediation
{J The Clerk of Court has certified that the [Plaintiff and/or [_]Defendant is/are
indigent
(J - Thisis a residential eviction case and there is no charge to either Party
(LJ Other (Please Specify)
If a cost for mediation is imposed above, you may object to mediation on grounds of
financial hardship or on any ground set forth in Rule 1.700 Fla. R. Civ. Pro. within 15
days of the date of this order.
8. The Court shall have the power to impose sanctions as authorized by the Florida Rules
of Civil Procedure, for the following:
a. Failure to attend and/or participate in good faith at the mediation conference
without good cause;
Failure to pay the mediation fee within the time period set forth in this order;
Failure to obey this order;
Failure of the parties to appear;
Failure of a representative to appear without full authority to settle, without
further consultation;
Failure of an attorney to appear without full authority to act on behalf of his/her
client, if the Court has granted the absence of a party;
g- Failure to obtain permission of the Court for a continuance.
phos
nm
Page 2 of 310.
11.
12.
13.
14.
15.
16.
Plaintiffs and defendants shall present a brief written summary of the case to the
mediator, at least one week before the mediation conference. This summary shall
include a list of issues.
The conferences are governed by the Mediation Confidentiality and Privilege Act as well
as applicable rules of procedure.
Parties utilizing private mediators shall pay the mediator directly based upon
arrangements the parties make with the mediator. In addition, the private mediator is
responsible for all administrative functions pertaining to the mediation including
securing a space outside courthouse locations.
Parties shall notify the CMAP if settlement is reached prior to a scheduled mediation
date. Mediation shall not be canceled until a copy of the settlement is provided to CMAP
and the Court. There shall be no refunds for payments made to CMAP.
Plaintiff's counsel or plaintiff, if not represented by counsel, shall advise the CMAP, in
writing, if the case should settle after mediation but prior to trial.
If a settlement or partial settlement is reached, it shall be reduced to writing in the
presence of the mediator, signed by all parties or their counsel, and promptly submitted
to the Court.
Within ten (10) days following the completion of mediation, the mediator shall complete
and return the Statistical Information Sheet to the CMAP, County Court Coordinator,
Broward County Courthouse, Room 565, 201 SE 6th St., Fort Lauderdale, FL 33301.
The parties are responsible for providing their own interpreter. Neither the Court nor
the CMAP Office provides interpreters for County-Qourt Civil cases.
f Av
DONE AND ORDERED in Chambers, Broward Count i, Figrida, this 3 { day of January,
2016.
Copies furnished:
Fred J. Berman, Esq. BermanMediationLLC@gmail.com
Zoran D. Jovanovich, Esq., 700 W. Hillsboro Boulevard Building 2 Ste. 201, Deerfield Beach,
FL 33441
Mireille Jerome, 1826 N. 24 Avenue, Hollywood, FL 33020
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 Diana Sobel, Room 470, 201
S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days
before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
Page 3 of 3
Preview
“+ FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 1/22/2016 10:32:40 AM.**** IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA DISCOVER BANK, Plaintiff vs. Case No: CONO-15-9530 MIREILLE JEROME Judge: Jill K. Levy Defendant Division: 72 ORDER REFERRING CASE TO MEDIATION (COUNTY COURT) THE COURT [Abua sponte/ [_]upon the motion of a party, hereby refers the above captioned matter to mediation as authorized by statute and rules of procedure. It is ORDERED as follows: 1. Appointment of Mediator Private Mediation e parties shall within ten (10) days of entry of this order submit a stipulation with order thereon as to the designation of the mediator to the undersigned judge. The parties shall provide a copy of the stipulation and order thereon to Court Administration’s Court Mediation and Arbitration Program (CMAP) in Room 565, Broward County Courthouse, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301. If the parties fail to submit a stipulation with order thereon as to the designation of the mediator, the court orders the following: The Court appoints as mediator Name: Fred J. Berman Address: P.O.Box 291990, Davie, FL 33329 Telephone: 954-551-6234 OR (J Court Mediation and Arbitration Program shall coordinate the date, time, and location for the mediation. 2. If the mediator stipulated to by the parties or appointed by the court cannot serve, the parties shall either submit a stipulation with order thereon designating a substitute mediator or advise the court so that a substitute mediator can be appointed by the court. 3. The first mediation conference shall be held within sixty (60) days from the date of this order in Broward County, Florida. 4. The appearance of all parties, and their counsel, is MANDATORY. The attorney must have full and complete authority to settle from the client and authority to execute any mediation agreement on behalf of the client, without further consultation, if the Court has granted the absence of a party. If a business entity (i.e. an insurance company, corporation, association, partnership) is a party, a representative of that company shall also appear having full authority to settle. Full authority means the individual representing the plaintiff has the authority to dismiss the claim and to pay up to the full amount of the counterclaim and the individual representing the defendant has the authority to pay up to the full amount of the claim. Page 1 of 35. CONTINUANCES MAY BE GRANTED ONLY BY THE COURT UPON TIMELY WRITTEN MOTION FOR GOOD CAUSE SHOWN. Even if the parties mutually agree to continue mediation, they must receive the permission of the Court and file the appropriate motions in a timely manner. PARTIES SHALL NOT UNILATERALLY CANCEL MEDIATION FOR ANY REASON EXCEPT SETTLEMENT OF THE CASE AND NOTIFICATION OF SUCH SETTLEMENT IS PROVIDED IN WRITING TO THE COURT. 6. Parties utilizing the CMAP shall pay the Clerk of Court for mediation in advance of the mediation session being scheduled. Payment shall be made within fifteen (15) days of the date of this order and not less than 5 days prior to the scheduled mediation date. A session shall not exceed one and one half hours (1.5 hours). Each party in the case, including cases with multiple parties, shall pay the Clerk of Court sixty dollars ($60.00) per session. If a party was declared indigent the fee is not required from that party. If additional sessions are needed, the parties must pay the Clerk of Court in advance anda follow-up mediation appointment will be scheduled. FAILURE TO PAY BY ANY PARTY WILL PREVENT THE SCHEDULING OF A MEDIATION SESSION. THE (UDGE WILL BE NOTIFIED THAT THE PARTY OR PARTIES FAILED TO PAY. THE CASE WILL BE REFERRED BACK TO THE JUDGE FOR SANCTIONS WHICH MAY INCLUDE AN AWARD OF MEDIATOR FEES, ATTORNEY'S FEES, orrer COSTS, OR OTHER APPROPRIATE REMEDIES. 7. Regarding this order of referral to mediation, the court determines that: The Plaintiff(s) and the Defendant(s) shall share equally in the cost of mediation The Plaintiff(s) shall pay the full amount for all parties in the mediation oO The Defendant(s) shall pay the full amount for all parties in the mediation {J The Clerk of Court has certified that the [Plaintiff and/or [_]Defendant is/are indigent (J - Thisis a residential eviction case and there is no charge to either Party (LJ Other (Please Specify) If a cost for mediation is imposed above, you may object to mediation on grounds of financial hardship or on any ground set forth in Rule 1.700 Fla. R. Civ. Pro. within 15 days of the date of this order. 8. The Court shall have the power to impose sanctions as authorized by the Florida Rules of Civil Procedure, for the following: a. Failure to attend and/or participate in good faith at the mediation conference without good cause; Failure to pay the mediation fee within the time period set forth in this order; Failure to obey this order; Failure of the parties to appear; Failure of a representative to appear without full authority to settle, without further consultation; Failure of an attorney to appear without full authority to act on behalf of his/her client, if the Court has granted the absence of a party; g- Failure to obtain permission of the Court for a continuance. phos nm Page 2 of 310. 11. 12. 13. 14. 15. 16. Plaintiffs and defendants shall present a brief written summary of the case to the mediator, at least one week before the mediation conference. This summary shall include a list of issues. The conferences are governed by the Mediation Confidentiality and Privilege Act as well as applicable rules of procedure. Parties utilizing private mediators shall pay the mediator directly based upon arrangements the parties make with the mediator. In addition, the private mediator is responsible for all administrative functions pertaining to the mediation including securing a space outside courthouse locations. Parties shall notify the CMAP if settlement is reached prior to a scheduled mediation date. Mediation shall not be canceled until a copy of the settlement is provided to CMAP and the Court. There shall be no refunds for payments made to CMAP. Plaintiff's counsel or plaintiff, if not represented by counsel, shall advise the CMAP, in writing, if the case should settle after mediation but prior to trial. If a settlement or partial settlement is reached, it shall be reduced to writing in the presence of the mediator, signed by all parties or their counsel, and promptly submitted to the Court. Within ten (10) days following the completion of mediation, the mediator shall complete and return the Statistical Information Sheet to the CMAP, County Court Coordinator, Broward County Courthouse, Room 565, 201 SE 6th St., Fort Lauderdale, FL 33301. The parties are responsible for providing their own interpreter. Neither the Court nor the CMAP Office provides interpreters for County-Qourt Civil cases. f Av DONE AND ORDERED in Chambers, Broward Count i, Figrida, this 3 { day of January, 2016. Copies furnished: Fred J. Berman, Esq. BermanMediationLLC@gmail.com Zoran D. Jovanovich, Esq., 700 W. Hillsboro Boulevard Building 2 Ste. 201, Deerfield Beach, FL 33441 Mireille Jerome, 1826 N. 24 Avenue, Hollywood, FL 33020 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 Diana Sobel, Room 470, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Page 3 of 3