Faughn et al v. JPMorgan Chase Bank, NA

Filing 2

NEW NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NEW NOTICE AND NEW MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Martin, Jan)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI (ST. JOSEPH)
Case Number: _14-cv-00245-W-GAF
NOTICE OF INCLUSION IN THE MEDIATION AND ASSESSMENT PROGRAM
This is notice that your case is included in the Western District of Missouri’s Mediation and
Assessment Program or “MAP.” You should carefully review the Court’s General Order for the
Mediation and Assessment Program (the “General Order”) for Program requirements, including
your obligation to serve this Notice. The General Order is located on the Court’s website at
www.mow.uscourts.gov/district/map.html and was restated effective August 1, 2013.
Your case has been randomly assigned to the following category in the Mediation and
Assessment Program:
____

United States Magistrate Judge or United States Bankruptcy Judge

____

Director of the Mediation and Assessment Program

__√__ Outside Mediator
JUDGE ASSIGNMENT
If your case has been assigned to a Judge for mediation, you will be notified of the date, time and
place of a settlement conference by the Judge’s office after responsive pleadings are filed. The
mediation shall occur no later than 75 calendar days after the Rule 26(f) meeting as required by
the Federal Rules of Civil Procedure (“Rule 26 meeting”), unless otherwise scheduled by the
Judge.
DIRECTOR ASSIGNMENT
If your case has been assigned to the Director of MAP for mediation, you will be notified by the
Director’s office of the date, time and place of either a teleconference or a mediation after
responsive pleadings are filed. The mediation shall occur no later than 75 calendar days after the
Rule 26 meeting, unless otherwise scheduled by the Director.
OUTSIDE MEDIATOR ASSIGNMENT
If your case has been assigned to an Outside Mediator, the parties have 14 calendar days after
the Rule 26 meeting to select an Outside Mediator, schedule a mediation and file a
Designation of Mediator certificate (ADR event in ECF) stating the name of the Outside
Mediator, and the date, time and place of the in-person mediation. The certificate must be signed
by or on behalf of each party.

The mediation shall occur no later than 75 calendar days after the Rule 26 meeting.
Within ten (10) calendar days of the mediation or other ADR option session, the Mediator
and parties (pro se or by counsel) shall submit a status report (separately or jointly, and
preferably by facsimile or email) to the Director. The report should state how long the mediation
lasted, whether all required parties were present in person, the outcome of the session, and
whether additional settlement discussions would be productive and at what point in time or after
what specific events.
CONTINUING OBLIGATIONS
Inclusion in the Mediation and Assessment Program does not relieve you of any of the
obligations or deadlines that you have in this lawsuit. IF YOU HAVE BEEN SERVED, YOU
MUST FILE A TIMELY RESPONSE IN ORDER TO AVOID THE RISK OF A DEFAULT
JUDGMENT.
MEDIATION
Mediation is a process in which a neutral third party assists the parties in developing and
exploring their underlying interests (in addition to their legal positions), promotes the
development of options and assists the parties toward settling the case through negotiations.
As a party to a lawsuit in this Court, you are entitled to pursue all claims or defenses to claims
that you have asserted until a disposition of the claims or defenses is made by the Court or a jury.
However, most of the lawsuits filed in this and other courts are resolved by voluntary settlement
of the parties before trial. With a settlement, the expense and inconvenience of litigation can be
reduced and the uncertainty of the outcome can be eliminated.
Good faith participation in the Mediation and Assessment Program is required, but you are not
required to settle the case.
It is important that you carefully review and objectively evaluate your case prior to the first
mediation or other ADR option session. You should come prepared to discuss and negotiate the
settlement of your case.
ATTENDANCE AT MEDIATION
Please note that lead trial counsel and parties are required to attend mediations in person. Inperson attendance of additional individuals is also required when applicable (e.g. insurance
company representatives). See Section V.E. of the General Order.

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The failure to attend mediation or other ADR option session, or the refusal to cooperate or timely
cooperate in the Program, may result in the imposition of sanctions by the assigned Judge.
Mediation and Assessment Program
Jill A. Morris, Director
Charles Evans Whittaker Courthouse
400 E. 9th Street, Room 3238
Kansas City, Missouri 64106
816-512-5080
816-512-5089 (facsimile)
[e-mail]

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