In traditional sit-down mediations a party can sometimes gain an unfair negotiating advantage by having its representative participate by phone, or in person, but lacking adequate settlement authority. But now, in the age of video, there is no good reason for a party’s failing to present on screen a representative clothed with sufficient settlement authority. So have an appropriate representative available and ascertain that all other parties will do so, as well. Let the Mediator know in advance of the mediation conference if the absence of an appropriate representative becomes an issue.
Francis Carter
