Attendance by phone

If a party or adjuster is to attend by phone, or a party is not going to attend at all (usually in the case of an insured defendant), discuss attendance with opposing counsel and obtain their permission before mediation. If you show up at the mediation without first consulting opposing counsel and do not have the requisite people physically present, opposing counsel may choose to cancel the mediation and move to assess attorney’s fees and costs (and possibly other sanctions) for the violation. Sanctions could include sanctions against the attorney personally.