Debt Mediation

Hear from Susan Marvin, chief of the Florida Dispute Resolution Center as she provides a lot of general information about mediation, certification, and training.

In the U.S., nearly 60 percent of bankruptcies are caused, in part, by medical bills. Finding ways to lower those bills has never been more important. A new program in Texas may be the solution. Mireya Villarreal reports.

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A webinar hosted by Joyce Cullen, Ross Mitchell and Jane Rattray covering how disputes can be resolved remotely via arbitration or mediation at a time when courts are closed to all non-urgent business.
– A brief overview on how courts have responded to COVID-19 and the need to resolve disputes remotely.
– How remote mediation is conducted and some practical tips and examples.
– The Seoul Protocol on Video Conferencing in International Arbitration and how arbitration can be conducted remotely

How to Get What you Want in Divorce Mediation | Ask a Divorce Mediator // When couples decide to proceed with separation or divorce, they often feel unprepared and alone. In therapy, Parallel Wellness works with couples contemplating “Is my marriage over?”, “Should I get divorced?” and “Can i save my marriage?” In this video, we interview Paul Sweatman of Dignified Divorce Vancouver, a divorce mediator to gain insight into the mediation process, how to avoid mediation conflict, and his advice on divorce and separation. Before divorce, couples may seek couples counselling or even attend counselling for divorce and separation throughout their medication experience.

In this video, Paul covers his top divorce advice, divorce mediation tips and divorce tips for couples getting divorced, how to amicably divorce with kids, managing spousal and child support agreements, and his divorce legal advice. He also shares about supporting clients when they choose to stop divorce.

Paul Sweatman – Dignified Divorce Vancouver
www.dignifieddivorcevancouver.com
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The advice and opinions expressed in this video are not a substitute for therapy or medical treatment. The information contained in this video is intended to provide general information on matters of interest for the personal use of the viewer. While every effort has been made to ensure the information shared in this video has been obtained from reliable sources, we do not hold responsibility for any errors or omissions, or for the results obtained from the use of this information.

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We encourage seeking professional help if you would like support for specific concerns. If you or someone you know is in crisis and needs emergency support, please contact the local crisis centre in your area. For Canadian and BC residents, please refer to the following for crisis support:

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This video is prepared by the Magistrates Court Legal Advice Service highlighting ways to avoid going to court by trying mediation.

MCLAS:
https://law.adelaide.edu.au/free-legal-clinics/magistrates-court-legal-advice/

Mediation SA:
http://mediationsa.org.au/

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Farm Debt Mediation in NSW — A few problems
by ALEX ELLIOTT on 05/05/2012 · LEAVE A COMMENT · in MEDIATION

The object of the NSW Farm Debt Mediation Act 1994 is to provide for the efficient and equitable resolution of farm debt disputes. Mediation is required before a bank or financial institution can take possession of the farm or other farm property.

Section 10 of the Act provides that once a farmer gives notification that mediation is required, the bank or financial institution cannot take any enforcement action unless a certificate is in force under section 11.

Section 11 of the Act stipulates that a certificate will be issued by the Authority (NSW Rural Assistance Authority), if the Authority is satisfied that a satisfactory mediation has taken place in respect of the farm debt involved.

Mediation is a structured process in which the mediator, who must be a neutral and independent person, assists the farmer and the bank or financial institution to reach an agreement. That agreement may mean the capitalisation of interest, the extension of repayments, additional advances or increasing an overdraft limit. It may also mean the sale of certain assets over time. There are many possible settlement outcomes available to the parties.

The High Court of Australia in its decision in Waller v Hargraves Secured Investments Limited [2012] HCA 4 has added a substantial complication to the mediation process and any possible settlement.

In August 2003, Hargraves Secured Investment Limited advanced $450,000 to Ms Waller under a loan agreement. The advance was secured by a mortgage over Ms Waller’s farm. She defaulted on the loan.

Mediation was held under the provisions of the Farm Debt Mediation Act 1994. The parties entered into terms of settlement under which there was a second loan agreement for $640,000. This enabled the first loan to be paid out, along with past and future interest.

Ms Waller defaulted on the second loan.

Hargraves Secured Investment Limited commenced action in court for possession of the farm and judgment against Ms Waller.

Ms Waller appealed to the High Court from a decision of the NSW Court Appeal. The argument which was accepted by the High Court was that the enforcement proceedings were not in relation to the farm debt the subject of the mediation. There was now a new and different debt, which was distinct from the first loan. Hargraves Secured Investment Limited had not complied with the Act because the mediation only dealt with the first loan, not the new one.

So it seems that even if a section 11 certificate has been obtained in respect of a farm mortgage, a bank or financial institution must be careful that the farm debt it relates to is the same and has not been discharged in anyway prior to enforcement action. If in doubt it seems that a new notice to the farmer may have to be given.

The High Court’s decision may discourage future lending to farmers because of the uncertainty surrounding this decision. The bank or financial institution may play it safe and only offer in mediation the option of refinancing with another institution, selling the asset or agreeing to surrender the asset to the bank or financial institution. Anything else may complicate future enforcement proceedings.

This is clearly not in the interests of the rural community and the Act needs to be amended as a matter of urgency. A full range of options should be available to comply with the spirit of the legislation.

Alex Elliott

In this video, Florida Attorney, Sergio Cabanas discusses Mediation which is one of the most important topics pertaining to the Divorce process. He has outlined this topic in a brief 60- second overview to provide you with important information in a concise fashion.

***Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.***

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The Cabanas Law Firm focuses on divorce and separation, estate planning, probate litigation and asset protection. Our firm has a unique mix of attorneys and accountants, bringing a great deal of firepower in analyzing our clients’ legal and financial situations.

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Sergio Cabanas, Esq. has been practicing law since graduating from Washington College of Law in Washington D.C. in 1991 and is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court since 1992.

If you are looking for a law firm that’s all about you, you’ve come to the right place! At Cabanas Law Firm, we know how important it is to find the right lawyer. You want reliable, effective, experienced legal professionals you can trust, who are committed to achieving the best possible results for you. Your decision to choose our law firm would be a great honor and responsibility we would take very seriously, every day. We have built our reputation, not on fancy marketing schemes or catchy radio jingles but rather from a long list of client referrals and faithful returning clients who seek personal legal services.

CONTACT Cabanas Law Firm in Pembroke Pines and Sunny Isles Beach, FL, if you have a legal concern and we can provide you with effective legal services to achieve the best results possible.

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Here’s what do if you’ve been sued by Midland Funding LLC for credit card debt. If you have been served with a credit card debt lawsuit from Midland Funding LLC then you need to learn more about how to fight back against this giant debt buyer company. In fact, Midland is a subsidiary of Encore Capital Group based in San Diego, CA, which has been accused of unfair debt collection practices in the past by the Consumer Financial Protection Bureau (CFPB). If Midland Funding LLC is suing you, you need to do your research and fight back now.

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