Rule 99.08 - Attendance at mediation conference1. Unless otherwise ordered by the court or explicitly agreed to by the parties, the parties and their counsel, if any, shall attend the mediation conference.2. If a party is a public entity, it shall appear by the presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body or officer of the entity.3. If a party is an organization other than a public entity, it shall appear by the presence of a representative, other than the party's counsel of record, who has full authority to settle.4. If any party is insured for the claim in dispute, that party shall also be required to have its insurance carrier(s) present by the presence of a representative of the insurance carrier(s) who is not that carrier's outside counsel; this representative must have full settlement authority. A court may not restrict a carrier representative from having telephone or other communication to seek additional authority. Unless expressly ordered by the court, a party who is represented by counsel and the presence of a representative of the party's insurance carrier is not required to be present for the mediation.
5. Full authority to settle, or full settlement authority, means that the representative has authority to negotiate settlement on behalf of a particular party, organization, entity or insurance carrier. It does not require authority to settle for any specific amount or terms.6. Unless otherwise agreed by the parties or ordered by the court, a mediation may be entirely virtual, or the presence of any attendee may be virtual.Adopted by order 2022-04, eff. 2/1/2022; amended by order 2022-08, eff. 2/1/2022.