Rule 7 Attendance at Mediation

COMMENTARY:

All counsel and parties intending to file briefs in the appeal shall attend all mediation sessions unless excused by the mediator. If more than one attorney represents a party, the attorney with the most direct relationship with the client for the purpose of settlement discussions must attend. The attorney will be expected to be familiar with all aspects of the case. Co-counsel and other attorneys in the principal counsel’s firm may attend if their presence would be beneficial.

The program requires that a client or client’s representative attending the mediation have settlement authority. This insures that the process will not be delayed when important decisions are to be made.

At the conclusion of a mediation session, the mediator may schedule further mediation for another time and date if the mediator believes this would be beneficial. If the mediator believes it would be helpful to have third persons present at mediation, the mediator may request that they attend mediation.

In the event the mediator allows telephone or video conferencing, the costs shall be borne by the party or parties making the request.