The Court requires that counsel for each party, or another person with actual authority to settle the case, attend each mediation session. The Court’s Mediation Order also includes specific attendance provisions for cases involving the United States or District of Columbia governments. Failure of counsel to attend sessions may result in the imposition of sanctions.

Parties are strongly encouraged to attend mediation sessions. Mediators have the authority and discretion to communicate with the parties and request parties’ attendance. While rare, mediators may communicate directly with a party with or without counsel present. Mediation is most productive when persons with actual knowledge and interest in the outcome of the case participate in the discussions. Mediators generally will speak directly with the ultimate decisionmaker(s) before declaring an impasse or ending the mediation.

If a party is consulting with another individual besides their counsel in making decisions during the mediation process, that other individual may attend mediation sessions. They are also bound by the mediation confidentiality requirements. Any questions about someone’s attendance at a mediation session should be raised with the mediator.