In others one or another of the parties may be concerned with creating a precedent. Often, one party is concerned with settling the issues while others would prefer the conflict continue. Ask yourself the same questions regarding the other parties. The procedures governing each mediation will vary depending upon the circumstances of the case and the complexity of issues and parties. In most cases the parties will be expected to be represented at the mediation by all persons necessary to reach an agreement.
Mediation is presented as an opportunity to resolve as many issues as possible in the action.
To accomplish that, each party must bring every person to the mediation who must approve any substantive decision in the litigation, or send persons who are fully authorized to bind the party. Parties will need to consider well in advance of the mediation who can best represent them and evaluate the case in some detail. Most mediations will begin with opening statements by the parties outlining their views of the issues to be discussed and their substantive positions. Confidentiality All discussions at the mediation, including any statement made by any party, attorney or other participant, shall, in all respects, be privileged and not reported, recorded, placed in evidence, used for impeachment, made known to the Board or construed for any purpose as an admission. No party shall be bound by anything done or said at the conference unless a settlement is reached, in which event, the agreement upon a settlement shall be reduced to writing and shall be binding upon all parties to that agreement.