It may not be possible to reach a settlement at mediation without the participation of an essential non-party to the litigation, such as an insurance carrier, lender, guarantor or indemnitor, spouse or significant other. Now that video mediation has come into its own, there is no good reason for an essential non-party not to participate. Alert the mediator that there are essential non-parties and arrange for them to participate in the mediation. The mediator will be more effective speaking directly with the essential non-party via video, than would otherwise be the case communicating directly or indirectly by phone. So make sure that essential non-parties are available to participate.
Francis Carter
