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- the mediator. The mediator shall reschedule the case to be heard within forty-five (45) days, with notice of hearing to be provided to all counsel and the court. In the event that the parties cannot agree to a continuance more than ten days prior to the scheduled mediation date a motion for continuance must be made to and ruled upon by the court. If the case is continued by the court, the mediator shall reschedule the mediation in accordance with the court's order granting the continuance.
- F.(1) All named parties and their counsel are required to attend the mediation in person unless excused under subparagraph (4) below. A party other than a natural person (e.g. a corporation or an association) satisfies this attendance requirement if represented by a decision maker(s) (other than outside counsel) who has full settlement authority and is knowledgeable about the facts of the case.
A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, full settlement authority, and is knowledgeable about the facts of the case, the government unit's position, and the procedures and policies under which the government 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. Any party who fails to have physically in attendance the necessary decision maker(s) will be subject to sanctions.
- Each represented party must be accompanied at the mediation by the lawyer who will be primarily responsible for handling the trial of the matter.
- Insurer representatives are required to attend in person unless excused under subparagraph (4) below, if their agreement would be necessary to achieve a settlement.