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11 Nevada Law Journal 306 (2011)


This Symposium is filled with examples from around the country of states grappling with how to respond to the economic crisis in general and the overwhelming number of mortgage foreclosure cases in particular. In Part II of this article, the author identifies the key impacts institutionalization had on implementation efforts. Part III describes the various approaches pursued to address the obstacles. In this part, the author examines in detail the development of a rule to define “appearance” at mediation because of its implications for the practice of mediation as a whole beyond merely the foreclosure context. Part IV provides the current status of mortgage foreclosure cases in Florida and revisions to the general mediation framework with another special emphasis on appearance at mediation. In the conclusion, the author highlights what has been learned from Florida’s experience and what still remains to be learned.