Who attends the mediation session?
The borrower and any support person(s) they wish to include and the lender/servicer or their attorney/agent will participate in the mediation. It is highly likely that the same attorney will appear for multiple lenders/servicers if they work for a law firm that represents multiple lenders/servicers. Mediation programs should be as sensitive to the lender/servicer’s request for a continuance of the mediation session as a borrower’s request, since they are very likely trying to manage multiple requests for mediation in multiple states. In cases with a conflict which is due, in part, to the attorney unable to travel to multiple locations in one day, participation by phone has been a successful alternative. A lender/servicer representative with authority to settle and the current property owner(s) should be present (in person or by phone) and prepared to negotiate. The mediator can meet separately with each side for private, more candid discussions. It is important to note that borrowers m
