(a) Parties. All named parties and their counsel are required to attend the mediation unless excused under paragraph (d) below. With the prior permission of the court, a party, or multiple parties represented by the same counsel, may appear through a representative so long as the party’s representative is authorized to negotiate settlement on behalf of the party. This requirement reflects the court’s view that the principal values of the mediation include affording litigants opportunities to articulate directly to the other parties and a neutral, their positions and interests and to hear, first hand, their opponent’s version of the matters in dispute. Mediation also enables parties to search directly with their opponents for mutually agreeable solutions.
(1) Corporation or Other Entity. A party other than a natural person (e.g., a corporation or an association) satisfies this attendance requirement if represented by a person (other than outside counsel) who has the authority to negotiate settlement and who is knowledgeable about the facts of the case.
(2) Government Entity. A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, authority to negotiate settlement, and who is knowledgeable about the facts of the case, the governmental unit’s position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend.
(b) Counsel. The attorney of record for each party is responsible for being present with their client at the mediation.
(c) Insurers. Insurer representatives are required to attend in person unless excused under paragraph (d) below, if their agreement would be necessary to achieve a settlement.
(d) Request to be Excused. A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must submit, no fewer than 15 calendar days before the date set for the mediation, an electronically filed motion and supply a copy to the mediator. The motion shall:
(1) set forth all considerations that support the request;
(2) state realistically the amount in controversy in the case;
(3) indicate whether the other party or parties join in or object to the request, and
(4) be accompanied by a proposed order.
(e) Participation by Electronic Means. A person excused from appearing in person at a mediation must be available to participate by electronic means.