The DC Court is changing its’ Early Mediation procedure effective November 1, 2018. As of that date the Court will no longer be setting the date for Early Mediation at the Initial Scheduling Conference. Instead, it will wait to see if the parties complete the initial stages of the process such as submitting a complete loss mitigation application and conducting a timely analysis before setting a mediation date.
Upon determining that the matter is actually ready for mediation, the Court will then schedule a mediation approximately thirty (30) days out with the Confidential Settlement Statement due 10-14 days in advance.
This is intended to conserve judicial resources for cases which will actually proceed to mediation. It will likely save servicers and investors some time and effort in scheduling witnesses for mediations which cancel however once DC cases are ready to go to mediation, witnesses will need to be identified quickly. There is no change indicated to the policy of permitting servicer representatives to appear telephonically at the Early Mediation so it is thought the balance of the action will be favorable.
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