Magistrate Judge W. Brian Gaddy
Charles Evans Whittaker Courthouse
400 East Ninth Street, Chambers 6652
Kansas City, Missouri 64106
(816) 512-5745
STANDING ORDER FOR MEDIATIONS AND SETTLEMENT CONFERENCES
(revised January 27, 2026)
(1) ATTENDANCE REQUIREMENT
(a) Counsel: Lead trial counsel must personally attend.
(b) Parties: Parties with full and complete settlement authority must personally attend.
1. If the party is a corporate or governmental entity, a representative of the
corporate or governmental entity (other than counsel of record) with settlement
authority must personally attend.
a. A party’s representative must be able to make the ultimate decision about
settlement or have sufficient stature in the corporate or governmental entity
to directly access (during all scheduled times for the mediation/ settlement
conference) those who make the ultimate decision about settlement.
b. A party’s representative shall not be a person to whom the party simply
provided a pre-approved amount to settle the matter.
c. Absent compelling circumstances, a party’s representative shall not be a
material fact witness in the case.
2. If a party requires an insurance company’s approval to settle, a
representative of the insurance company with full and complete settlement
authority must personally attend.
(c) In person: Absent a showing of extenuating circumstances, the Court will not permit
a party, party representative, insurer representative, or counsel (“participant”) to
participate by telephone or videoconference as an alternative to personally attending
the mediation/settlement conference. If a participant desires to appear remotely, the
party should seek the approval of opposing counsel.
1. If all parties agree a participant may appear remotely, the parties shall inform the
Court of the agreement when the mediation/settlement conference is scheduled
with Court staff. The Court, in its discretion, will strongly consider a request
made in advance of the mediation/settlement conference for a participant to
appear remotely if there is agreement of all parties.
2. If all parties do not agree that a participant may appear remotely, the parties shall
inform the Court of the parties’ disagreement when the mediation/ settlement
conference is scheduled with Court staff. Absent agreement of all parties, the
Court retains discretion to allow a participant to appear remotely only upon a
showing of extreme hardship or other extenuating circumstances.
(d) Videoconferencing: As an alternative to an in-person mediation/settlement
conference, the Court, in its discretion, may permit videoconferencing for all
participants. Any request to conduct the entire mediation/settlement conference for
all participants via videoconferencing should be made when the mediation/settlement
conference is scheduled with Court staff. The parties should be aware the Court
strongly prefers in-person sessions for most mediation/settlement conferences.
(2) MEDIATION/SETTLEMENT CONFERENCE STATEMENTS
Each party shall submit a mediation/settlement conference statement (“statement”) by no later
than three business days prior to the scheduled mediation/settlement conference. Each party’s
statement should be emailed to Judge Gaddy’s Courtroom Deputy Clerk Melissa Nolte
(
[email protected]). The statement should not be filed on ECF. A party’s failure
to provide a timely statement will result in the mediation/settlement conference being cancelled
and may be reported to the MAP Director and/or the presiding magistrate or district court
judge assigned to the underlying case. A party is not required to but is not prohibited from sharing
the party’s statement with opposing counsel. The statement shall not exceed five pages and must
contain the following:
(a) Name and title of each person attending the mediation/settlement conference;
(b) Brief summary of the case (e.g., overview of the claims, allegations, and defenses);
(c) Key disputed factual and/or legal issues;
(d) Type(s) of relief sought, estimated monetary damages (if applicable), and potentially
applicable damage caps;
(e) Any non-monetary settlement terms the party desires;
(f) Amount of and terms of prior settlement negotiations and when those occurred;
(g) If an agreement under which an insurer may be liable to satisfy all or part of a possible
judgment, the name of the insurer(s), policy type(s), and policy limit(s);
(h) If applicable, identification of outstanding liens and whether a lienholder’s
representative should be required to attend the mediation/settlement conference;
(i) Whether joint sessions would be helpful or counterproductive; and
(j) Other issues of which the Court should be aware.
(3) PRE-PROCEEDING SETTLEMENT DISCUSSIONS RECOMMENDED
If the parties have not yet discussed potential settlement, the Court strongly encourages
counsel to discuss settlement and exchange demands/offers prior to the mediation/settlement
conference.
(4) TIME ALLOTTED
Generally, the Court conducts mediations/settlement conferences from 9:30 a.m. to 1:30 p.m.
If the parties believe additional time is required, counsel should inform the Court when the mediation/
settlement conference is initially scheduled.
(5) FORMAT
The Court reserves the right to begin the mediation/settlement conference by meeting with all
participants. During this meeting, the Court will discuss the logistics and confidentiality of the
proceeding. The Court may allow each party an opportunity to make a brief presentation. This will
be followed by each side’s private meetings with the Court. If it appears joint sessions will not be
helpful, the Court retains the discretion to dispense with a joint opening session with all parties.
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(6) CONFIDENTIALITY
Any statements made by a party or counsel during the mediation/settlement conference must
remain confidential, shall not be shared with anyone who is not participating in the
mediation/settlement conference, and will not be admissible at trial. If videoconferencing is used, no
portion of the proceeding shall be recorded, rebroadcasted, or otherwise shared in any fashion.
(7) EXPECTATIONS
Participants shall address one another with courtesy and respect. Parties and their counsel are
expected to participate in good faith and be fully prepared to participate. The parties shall keep an
open mind, be willing to reassess their positions, and explore creative means for resolving the dispute.
The Court encourages participants to speak frankly and openly about their views of the case.
(8) COMPLIANCE WITH THE COURT’S ORDERS
Participants shall comply with this Order and the General Order of the Mediation and
Assessment Program (“MAP”), which is available on the Court’s website. A party’s and/or counsel’s
noncompliance with this Order and/or the MAP General Order will be reported to the assigned district
court judge and/or the MAP Director and may result in the imposition of sanctions.
(9) CANCELLATION OR RESCHEDULING
If the parties believe the mediation/settlement conference should be canceled or rescheduled,
they should contact Chambers as soon as possible.
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