The state court system has been facing a huge log jam of cases because of the national foreclosure crisis, which has hit Florida particularly hard. Some want more mediation, and others say if you don’t have any money, mediation won’t save your house.

Fed up with foreclosure filings bogging down the state’s court system Florida Supreme Court Justices are using the bench to fight the problem. The high court formed a foreclosure taskforce and is recommending changes to the way lenders and barrowers handle mortgage defaults. Mandatory mediation for homesteaded properties is one recommendation.

State Senator Dave Aronberg is sponsoring similar legislation that would allow down and out borrows to reduce their payments. “A homeowner could stay in the home, pay a little bit each month and the bank would have a lien towards the end, so the homeowner would still owe the amount" said Aronberg

The Florida Bankers Association says mandatory mediation could bog down the courts even more. Bankers like Virginia Townes of the FBA say barrowers should have a choice.

“I think they should be treated like the grownups that they are" said Towmnes. "Allow them to say yes I want to do this and I’ll put a reasonable amount of money into the process or no I don’t want to do this because it’s just not worth it to me.”

The justices are still considering an opt out option for barrowers who have given up on saving their property. Still hanging in limbo is the question of who will pay for the bulk of mediation which costs an estimated 750 dollars.