All parties directly involved in the dispute should attend the mediation. You and your attorney, as well as the other party and their counsel need to appear. Anyone who would be responsible for paying or approving the settlement amount should attend. If an insurance company will be paying for any settlement, a representative of that insurance company who has full settlement authority should be there in person. If a company is a party to the litigation, an individual with final settlement authority should be present.
But let’s talk about those who might want to attend but who are not essential players. I often have counsel bristle when they find out a parent, friend, or significant other of a party intends to attend. This is especially the case where that person is seen as having unrealistic expectations of the matter and an undue influence over the party.
The natural inclination is to want the disruptive friend far away from the mediation where they can influence the party. Even if the disruptive friend isn’t in the room at the mediation, they will likely be in the room. If they are kept from the room but are an important advisor to the party, they will likely still influence the mediation but from texts or phone calls where they have not heard all of the reasons for the adjustments to expectations. They will likely still be advising the party, but with only partial information, and may derail the mediation through their absence.
The reality is you may be better off with them in the room. If that person is present, they get to hear the mediator discuss the realities and weaknesses of the case. Consider whether it is better to have them present and exposed to the risks the party faces in litigation, or elsewhere pontificating about what should happen despite their ignorance.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.