Who attends a mediation?

Far in advance of a mediation, it is important to consider who will need to be present at the mediation. Generally, each party needs to attend. When the parties have lawyers, the attorneys usually attend as well. If there are other people who are not officially part of the conflict but whose participation would be important in being able to reach a settlement or commit to one, their participation should be considered. It is very important that neither the mediator nor the other participants be surprised by unexpected participants: be sure the mediator is aware of anyone who plans to attend on your side. In a complex mediation, there might be many attorneys, experts, insurance adjusters, and even multiple mediators. That can be a very expensive day, but if it avoids the need to employ all of those people for months of litigation, it can be money and time very well spent. In cases where parties don’t have lawyers or where they feel comfortable mediating without their attorneys, they might arrange to have attorneys available by phone. That way, they can seek advice before finalizing an agreement, but can avoid the expense of an attorney’s attendance for the full session.