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Myth v. Reality: I Must Attend Mediation On My Own

Glenn P. Milgraum, APM
May 15, 20240 min read

While mediation is a process that is ‘confidential’, a participant may not be precluded from being accompanied by someone else. Many mediation participants have attorneys who accompany them to the mediation sessions. Others have accountants, or other experts, attend. Some even bring a companion with them for ‘moral support’ or to interpret for them when a language barrier may exist. The most common exception is for children and potential witnesses to be excluded from the process. In addition, if one of the parties believes that the non-party participant is there to intimidate or annoy them, they may preclude that individual from attending the ‘general session’ of the mediation. However, that individual may be permitted to participate in a ‘caucus session’. Prior to the scheduled mediation session, fair warning should be given to all involved, informing the participants of your intention to be accompanied by someone who is not a party to the action.
Myth v. Reality: I Must Attend Mediation on My Own

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