Magistrate Judge Lajuana M. Counts
Charles Evans Whittaker Courthouse
400 E. 9th Street
Kansas City, Missouri 64106
(816) 512-5775
STANDING ORDER FOR MAP MEDIATIONS AND SETTLEMENT CONFERENCES
1. MAP GENERAL ORDER
If the matter is before this Court as part of the Mediation and Assessment Program
(MAP), the parties should familiarize themselves with the MAP General Order located on
the Court’s website at https://www.mow.uscourts.gov/sites/mow/files/MAP_GO.pdf
2. ATTENDANCE REQUIREMENT
Unless the Court allows otherwise by separate order, parties with full and complete
settlement authority are required to personally attend the mediation. This means that if a
party is an individual, that individual must personally attend; if a party is a corporation or
governmental entity, a representative of that corporation or government entity (other than
counsel of record) with settlement authority must personally attend. If a party requires
approval by an insurer to settle, a representative of the insurer with full and complete
settlement authority must attend. Absent a showing of unusual and extenuating
circumstances, the Court will not permit a client to merely be available by telephone as an
alternative to personal presence at the conference.
3. TIME ALLOTED FOR MEDIATION/SETTLEMENT CONFERENCES
The Court allots half-a-day for mediations. If the parties believe that more time is required,
the parties are to contact chambers forthwith.
4. MEDIATION/SETTLEMENT CONFERENCE STATEMENTS
The parties are to submit a mediation statement five business days prior to the scheduled
mediation. Failure to submit a timely mediation statement will result in the mediation
being rescheduled and a status conference being set. Mediation statements should be
emailed to Erica Clinton (
[email protected]) and Traci Chorny
(
[email protected]). Do not file copies of the statements with the Clerk’s
Office or on the CM/ECF system.
The statement shall be no longer that five pages in length and contain the following types
of information:
a. A brief statement of the facts of the case, and of the claims and defenses, i.e., the
statutory or other grounds upon which the claims are founded. This statement
should identify the major factual and legal issues in dispute.
b. An estimated statement of the damages claimed and of any other relief sought.
c. A summary of the proceedings to date, including any pending motions.
d. A history of past mediation discussions, offers and demands. If no discussions have
taken place, the Court suggests the attorneys discuss settlement, and exchange
demands and offers prior to the mediation conference.
e. State whether there are outstanding liens and whether a representative of the
lienholder should be required to be present during the mediation.
f. State whether counsel believes joint sessions will be helpful or counterproductive.
g. Raise any other issues the Court should be aware of in advance of the mediation.
5. MEDIATION/SETTLEMENT CONFERENCE AGREEMENT
By participating in this mediation/settlement conference the parties agree to the terms set
forth in the Mediation/Settlement Conference Agreement, attached to this Order.
6. FORMAT
The Court generally will follow a mediation format: that is, each side will have an
opportunity to make a brief presentation to the other side, which will be followed by joint
discussions with the Court and private meetings by the Court with each side. The Court
expects both the lawyers and the party representatives to be fully prepared to participate in
the discussions and meetings. In these discussions, the Court expects all parties to be
willing to reassess their previous positions, and to be willing to explore creative means for
resolving the dispute.
7. CONFIDENTIALITY
Any statements made by any party during the mediation will not be admissible at trial. The
Court expects the parties to address each other with courtesy and respect, but at the same
time strongly encourages the parties to speak frankly and openly about their views of the
case.
8. CANCELLATION OR RESCHEDULING OF THE CONFERENCE
If the parties are required to reschedule the mediation or if they have concluded mediation
is not necessary or would be more productive if held at a different time, they should contact
chambers as soon as possible at 816-512-5775.
2
Mediation/Settlement Conference Agreement
The parties are appearing before United States Magistrate Judge Lajuana M. Counts of the United States
District Court for the Western District of Missouri either in connection with a settlement conference
referred to Judge Counts or in connection with the Mediation Assessment Program (MAP) for purposes
of conducting a mediation. If this matter is in connection with MAP, the undersigned shall comply with
all provisions of the Court’s General Order for MAP. By participating in this mediation/settlement
conference the parties agree to the following terms:
1. Settlement is Voluntary: All parties recognize settlement in this mediation is voluntary, and the
mediator has no authority to impose a settlement on the parties.
2. Mediator: The parties agree that Judge Counts will serve as mediator in this matter. The mediator
and the parties acknowledge they have no reason to believe it would be inappropriate for this
mediator to mediate this matter.
3. The Mediator is Impartial: The role of the mediator is to facilitate a discussion between the parties
to help them reach a voluntary settlement of their dispute. The mediator is neutral and impartial
and does not represent any party.
4. Pro Se Parties: Any party without an attorney (pro se party) understands that the mediator is not
his/her attorney and is not giving him/her legal advice. While the mediator discusses legal
concepts and options with the pro se party and any other party, the mediator is not giving legal
advice. The pro se party agrees that he/she has not requested, received, or relied on any legal
advice from the mediator. The pro se party also agrees that the mediator has no duty to assert,
analyze, or protect any legal right or obligation of the pro se party.
5. Consulting with Attorneys: During and between mediation sessions and before completing a
settlement agreement, the parties to the mediation are encouraged to consult with their
attorneys regarding their legal rights and obligations. While the mediator discusses legal concepts
and options with the parties, the mediator is not giving legal advice or counsel to any person or
entity in the mediation. The parties and their counsel agree they have not sought, received, or
relied on such advice and further agree that the mediator has no duty to assert, analyze, or protect
any legal right or obligation of any party or participant.
6. Caucuses: Generally, the mediator holds private sessions with one party at a time. These private
sessions or “caucuses” are designed to improve the mediator’s understanding of the party’s
position. Information gained through the caucus may be disclosed by the mediator to any other
party, unless the party disclosing such information instructs the mediator not to disclose such
information to another party or parties.
7. Confidentiality: The parties recognize and agree that mediation sessions are confidential in the
(1) no participant or person in the mediation may later testify or seek to compel the testimony of
another in any proceeding as to what statements were made or omitted by any person in
connection with the mediation session or what happened during the mediation, (2) no statements
or materials made or omitted in the mediation shall be subject to discovery in any proceeding,
and (3) the disclosure by a party or by the mediator of any information in the mediation shall not
alter its confidential or privileged character. The parties further agree that they will not subpoena
or otherwise seek to compel the mediator to testify or produce records, notes, or work product
in any proceedings as to what was said or produced in the mediation session or in any
communication made as part of arranging for the mediation. Unless otherwise agreed, the results
of the mediation are not confidential. The parties understand that certain information from the
mediation may be used by the mediator in reports, papers, presentations, etc., but that such
information will not be linked to a specific case or a specific party outside the Court or the MAP
office, unless otherwise required by Court order, applicable law, or as necessary to defend any
action arising from the mediation. Finally, because of the confidential nature of the discussions
that occur during the course of the mediation, the parties agree that communications that occur
during the course of the mediation may not be shared with members of the news media in any
capacity. The parties understand that if a violation of the rule of confidentiality occurs, the
mediator will contact the district or magistrate judge assigned to the case and report the violation.
The judge assigned to the case will make the determination of whether sanctions should be
imposed against the offending party or attorney for an intentional violation of the rule of
confidentiality.
8. Reporting Obligations: If during the mediation a matter comes to the mediator’s attention which
the mediator is obligated to report to any agency or authority, nothing contained herein shall
prohibit the mediator from making such a report or disclosure. The participants understand that
the mediator may be obligated to report the commission of a crime during the mediation process
or an expressed intent to commit a crime in the future, and nothing herein shall prevent the
reporting of such crimes or expressed intents. The participants hereby agree to release and hold
the mediator, mediator’s staff, and the District Court harmless from any damage suffered as a
result of such disclosures.
/s/ Lajuana M. Counts
Lajuana M. Counts
United States Magistrate Judge
Western District of Missouri
